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COMPILATION OF OMs & NOTIFICATIONS

ON
RIGHT TO INFORMATION ACT, 2005

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
PENSIONS

DEPARTMENT OF PERSONNEL AND TRAINING


Preface
Right to Information Act, 2005 was promulgated in 2005 to promote transparency and accountability in
the working of every public authority. A clear knowledge of the provisions of the Act to the Public
Information Officers/First Appellate Authorities of the public authorities is key to the successful
implementation of the Act.

During the course of evolving of the RTI Act, 2005, Department of Personnel and Training (DoPT) has
issued clarifications on various provision of the Act. For the convenience of the citizens, a
compendium of Office Memorandums (OMs) and Notifications issued by DoPT has been launched
online, with topic wise search facility.

It is hoped that online topic based search of OMs issued by DoPT would further enhance the
understanding of the provisions of the Act by both information seekers and information providers. This
would go a long way in further strengthening the RTI regime.

AJAY MITTAL
Secretary
Department of Personnel and Training

New Delhi
November, 2017
INDEX

1. Designation of PIO/APIO/FAA, nodal points for


receiving RTI applications and expectation from PlO
2. Payment of fee and Cost
3. Deemed CPIO
4. e-IPO & online filing of RTI applications
5. RTI Cell
6. Transfer of Applications
7. Implementation of various provisions of the Act
8. Clarification regarding 'Information' to be provided
9. Spreading Awareness
10. Disposal of First Appeal
11. Maintenance of Records
12. Suo-motu Disclosure
13. Disclosure of file notes, ACRs, personal
information, third party information etc.
14. Can ‘Reasons' be asked under RTI Act
15. Issues relating to Information Commissioners
16. Supreme court judgement regarding advice/opinion
17. RTI Rules
Chapter-1

Designation of PIO/APIO/FAA, Nodal points for


receiving RTI Applications and expectation from PIO

S.No. File No. Date Subject


1 34012/13(S)/2005- 06/10/2005 Designation of Central Assistant Public
Estt.(B) Information Officers (CAPIOs)
2 1/24/2007-IR 14/11/2007 Designation of the CPIOs in the Organisations
specified in the second schedule of the Right to
Information Act, 2005.
3 1/32/2007-IR 14/11/2007 Point for receiving applications and designation of
appellate authorities under the RTI Act, 2005.
4 4/9/2008-IR 24/06/2008 Courteous behaviour with the persons seeking
information under the RTI Act, 2005.
5 1/2/2016-IR 17/8/2016 Placing details of current/earlier CPIOs/FAAs on
the websites of Public Authorities –regarding.
MOST IMMEDIATE

No. 34012/13(S)/2005-Estt. (B)


Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

New Delhi, Dated the 6th October, 2005

OFFICE MEMRANDUM

Sub. : Designation of Central Assistant Public Information Officers (CAPIOs) by


the public authorities under Section 5 (2) of the Right to Information Act,
2005.

The under signed is directed to say that Section 5 (2) of the Right to
Information Act, 2005 provides that every public authority shall designate an
officer within 100 days of the enactment of this Act, at each sub-divisional or
other sub-district level as a Central Assistant Public Information Officer to
receive the applications for information or appeals under this Act for forwarding
the same forthwith to the Central Public Information Officer or senior officer
specified under sub-section (1) of section 19 or the Central Information
Commission, as the case may be.

2. Since a number of public authorities do not have offices located at each


sub-divisional level or sub-district level, the matter was taken up with the
Department of Posts to provide the services of their Central Assistant Public
Information Officers (CAPIOs) to function in that capacity for all public authorities
under the Central Government.

3. In this connection Department of Posts require urgently the addresses of


the nodal officers/central point In each Ministry/Organisation In need of their
services as CAPIOs. The Department of Posts have also indicated that they will
be in a position to undertake the work only on behalf of those Ministries who
have completed this action and have Informed them of the same.
Ministries/Departments are, therefore. requested to indicate the details of the
Central Public Information Officers designated by them as well as the nodal
officers/central point in their Department to receive the RTI mails (application
etc. forwarded by the CAPIOs) to the Department of Posts urgently.

4. Ministries/Departments are also requested to bring the above position to


the notice of other public authorities coming under the preview of the
Mlnlstrtes/Oepartments concerned to, urqent actio�by them.

c-
(T.Jacob)
Joint Secretary to the Government of India
To

All Ministries/Departments of the Government of India (Secretaries by name).


No.1/24/2007-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Bleck, New Delhi,


Dated: the 14thNovem�r, 2007 J
OFFICE MEMORANDUM �-
Subject: DesigllaUon of the Central Public Information Officers in the Organisations specified
in the second schedule of the Right to Information Act, 2005 .
•••••
The undersigned is directed to say that sub-section (I) of Section 24 of the RTI Act, 2005
provides that nothing contained in the Act shall apply to the intelligence and security organizations
specified in the Second Schedule or to any information furnished by such organizations to the
Government. However, this provision does not exempt these organizations from the purview of the
Act in respect of the information pertaining to the allegations of corruption and human rights
violations. Thus, the citizens have a right. though limited, to seek information from these
organizations. Therefore, ·it is necessary that these organizations too designate Central Public
Information Officers to deal with the RTI applications.

2. The Act does not contain any special provision about the method of supply of information
in respect of allegations of corruption by the above referred organizations. It, however, provides
that information in respect of allegations of violation of human rights shall be given only after the
approval of the Central Information Commission. In either case, it is possible that the applicant
may not receive a decision within the time specified or he may be aggrieved by the decision
communicated to him. In such a case, he may like to exercise his right to appeal as provided in
section 19 of the Act.

3. Keeping above facts in view, all the organizations specified in the Second Schedule of the
RTI Act, 2005 are advised to designate Central Public lnfonnation Officers (CPIO) immediately, if
it has not been done so far. These organization are also advised to specify the First Appellate
Authorities within the organizations and publish the details of the CPIOs and the Appellate
Authorities.

Organisations specified in the Second Schedule of the RTI Act, 2005.


Copy to:
I. AJI the Ministries I Departments of the Government of India
2. Union Public Service Commission/ Lok Sabha SecttJ Rajya Sabha Secretariat/ Cabinet
Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice-President's
SecretariaU Prime Minister's Office/ Planning Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, COO Complex, New Delhi
5. 0/o the Comptroller&Auditor General oflndia, I 0, Bahadur Shah Zafar Marg, New Delhi.
6. All officers/Desks/Sections, DOP&T and Department of Pension & Pensioners Welfare.

Copy. also to: the Chief Secretaries of all the Statcs/UTs. Office Address with Location:
2
No.1/32/2007-IR
Government of India.
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Blcok, New Delhi,


Dated: the 14th November, 2007

OFFICE MEMORANDUM

Subject: Creation of a Central Point for receiving applications and designation


... .
of appellate authorities under the Right to Information Act, 2005 .

The undersigned is directed to say that the sub-section (I) of Section 5 of


the Right to Information Act, 2005 mandates all public authorities to designate
as many Public Information Officers as necessary to provide information under
the Act. The Second Administrative Reforms Commission in its First Report
(June 2006) has observed that where a public authority designates more than
one Public lnfonnation Officer (PlO), an applicant is likely to face difficulty in
approaching the appropriate Public Information Officer, and the applicants
would also face problem in identifying the officer senior in rank to the PIO to
whom an appeal under sub-section (1) of Section 19 of the Act can be made.
(For convenience such an officer is termed as the First Appellate Authority).
The Commission has, inter-alia, recommended that all Ministries/
Departments/Agencies/Offices, with more than one PIO, should designate a
Nodal Officer with the authority to receive requests for information on behalf of
all PIOs. The Commission has also recommended that all the public authorities
should designate the First Appellate Authorities.

2. It is, therefore, requested that all public authorities with more than one
PIO should create a central point within the organisation where all the RTI
applications and the appeals addressed to the First Appellate Authorities may be
received. An officer should be made responsible to ensure that all the RTI
applications/appeals received at the central point are sent to the concerned
Public Information Officers/Appellate Authorities, on the same day. For
instance, the RTI applications/appeals may be received in the Receipt and Issue
Section/ Central Registry Section of the Ministry/Department
/Organsiation/Agency and distributed to the concerned PIOs/Appellate
Authorities. The R&I/CR Section may maintain a separate register for the
purpose. The Officer-in-Charge/Branch Officer of the Section may ensure that
the applications/appeals received are distributed the same day.
4
3. Sub-section (8) of Section 7 of the RTI Act provides· that where a request
for information is rejected, the Public Information Officer shall, inter-alia,
communicate to the person making the request the particulars of the Appellate
Authority. Thus, the applicant is informed about the particulars of the Appellate
Authority when a request for information is rejected. There may be cases where
the Public Information Officer does not reject the application, but the applicant
does not receive a decision within the time as specified in the Act or he is
aggrieved by the decision of the Public Information Officer. ln such cases the
applicant may like to exercise his right to appeal. But in absence of the
particulars of the appellate authority, the applicant may face difficulty in
making an appeal. It has, therefore, been decided that all the public authotities
shall designate the First Appellate Authorities and publish their particulars
alongwith the particulars of the PIOs.

4. All the Ministries/Departments etc. are requested to issue instructions to


all concerned to take action accordingly.

(K.G� Verma)
Director

1. All the Ministries I Departments of the Government oflndia


2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission!
President's Secretariat/ Vice-President's Secretariat/ Prime Minister's
Office/ Planning Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, 10, Bahadur
Shah Zafar Marg, New Delhi.
6. All officers/Desks/Sections, Department of Personnel & Training and
Department of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs.

5
No. 4/9/2008-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
******
North Block, New Delhi
Dated the 241h June, 2008

OFFICE MEMORANDUM

Subject: Courteous behavior with the persons seeking


information under the RTI Act, 2005.
*****

The Central Information Commission has brought to the


notice of this Department . that officers . of some of the public
authorities do not behave properly with the persons who seek
information under the RTI Act. Ttie undersigned is directed to say
that the responsibility of a public authority and its public
information officers (PIO) is not confined to furnish• information
but also to provide necessary help to the information seeker,
wherever necessary. While providing information or rendering help
to a person, it is important to be courteous to the information
seeker and to respect his dignity.

2. Many organizations/training institutions are conducting


training programmes on the Right to Information Act. The public
authorities should ensure that their PIOs and other concerned
officers are exposed to such training programmes. The public
authorities may also organize training programmes at their own
level. While imparting such training, the officers should be
sensitized about the need of courteous behaviour with the
information seekers.

3. The Commission has also expressed concern over the fact


that many public authorities have not published relevant
information under section 4 of the Act. All the public authorities
should ensure that they make suo motu disclosure as provided in
the Act without any further delay. It is a statutory requirement,
which should not be compromised with.

. .... 2/-
4. All Ministries/Departments etc. are requested to bring the
contents of this OM to the notice of all concerned and ensure
compliance thereof.


(K.G. Verma)
Director

To

1. All the Ministries I Departments of the Government of India.

2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya


Sabha Secretariat/ Cabinet Secretariat/ Central Vigilance
Commission/ President's Secretariat/ Vice-President's
Secretariat/ Prime Minister's Office/ Planning Commission/
Election Commission.
3. Central Information Commission/ State Information
Commissions. .
4. Staff Selection Commission, CGO Complex, New Delhi.
5 0/o the Comptroller & Auditor General of India, 10,
Bahadur Shah Zafar Marg, New Delhi.
6. All officers/Desks/Sections. DOP& T and Department of
Pension & Pensioners Welfare.

Copy to: JS(Training), DOPT

With the request to issue necessary instructions to all the


training institutes conducting training programmes on the Right to
Information to the effect that the programme should have a
component on sensitizing the officers about the need of courteous
behaviour with the information seekers.

Copy also to:

Chief Secretaries of all the States/UTs.


F .No.1/2/2016-JR
Government of India
Ministry of Personnel, Public Grievances and Pensions

...
Department of Personnel and Training

North Blof.<, New Delhi


Dated the 171 August, 2016

OFFICE MEMORANDUM

Subject:- Placing details of current I earlier CPIOs I FAAs on the websites of


Public Authorities -regarding.

Sub-section 4(1) (b) of the RTI Act, 2005 lays down the items of

information which should be disclosed by Public Authorities on proactive basis.

Section 4(2) and section 4(3) prescribe the method of dissemination of this

information. The purpose of suo motu disclosures under section 4 is to place


a large amount of information in public domain on a proactive basis to make

the functioning of the Public Authorities more transparent and also to reduce

the need for filing individual RTI applications.

2. In order to enhance quality and quantity of information disclosed

by public authorities on proactive basis, Government issued O.M.s dated

15.04.2013, 21.10.2014 and 29.06.2015 recommending thereby more items to

be disclosed by public authorities on proactive basis and get the proactive

disclosure audited.

3. One of the items to be disclosed proactively by the public

authorities under Section 4(1)(b) pertains to the names. designations and

other particulars of the Public Information Officers and its updation on yearly

basis. It has been observed that in some of the public authorities, there are
frequent changes at the level of the Central Public Information omcers

(CPIOs) and First Appellate Authorities (FMs). During updation of the names

and designations of the CP10s I FMs, the public authorities remove the

names and designations of the earlier ones from their website. In the absence

of complete details (name and designation etc.) of the CPIO concerned at the

relevant time, the Central Information Commission while adjudicating second

appeals faces difficulty in proceeding with the matter to afford reasonable

opportunity of hearing to CPIO, which delays disposal of the cases.

4. In order to avoid any hardship to CPIOs/FMs, all the Public

Authorities are requested to put on their website the details of all such officers

designated during different periods, beginning from 191 January, 2015 till date

and keep it updating from time to time.

�t:-L--
(Gayatri Mishra)
Director
Tele 2309 2755

1. All the Ministries/Departments of the Government of India.


2. Union Public Service Commission. Lok Sabha Secretariat, Rajya Sabha
Secretariat, Cabinet Secretariat, Central Vigilance Commission, President's
Secretariat, Vice-President's Secretariat, Prime Minister's Office, Planning
Commission, Election Commission.
3. Central Information Commission.
4. Staff Selection Commission, CGO Complex, New Delhi
Oto the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg
Chapter-2

Payment of fee and Cost


S.No. File No. Date Subject
1 10/9/2008-IR 05/12/2008 Payment of fee under the RTI Act by demand
draft/banks cheque/Indian Postal Order.
2 12/9/2009-IR 24/5/2010 Payment of fee under the Right to Information Act,
2005 – scope of sub-section (3) of Section 7 of the Act.
3 1/5/2011-IR 26/4/2011 Harmonization of fee payable under the Right to
Information Act, 2005.
4 10/9/2008-IR 26/4/2011 Payment of fee under the RTI Act by Indian Postal
Order.
5 12/31/2013-IR 11/02/2013 Timely intimation about payment of additional fee
under RTI Act, 2005.
No.F.10/9/2008-IR
Government of India
Ministry of Personnel, PG and Pension
Department of Personnel & Training

North Block, New Delhi


Dated: the 5th December, 2008

OFFICE MEMORANDUM

Subject: Payment of fee under the RTI Act by demand draft/bankers cheque/Indian
Postal Order.

The undersigned is directed to say that the Right to Information (Regulation of


Fee and Cost) Rules, 2005 provide that a person seeking information under the RTI
Act, 2005 can make payment of fee for obtaining information by cash or demand draft
or banker's cheque or Indian postal order. According to the rules the demand
draft/banker's cheque /IPO should be payable to the Accounts Officer of the
concerned public authority. It was brought to the notice of this Department that some
public authorities did not accept demand drafts/banker's cheques/Indian Postal Orders
drawn in the name of their Accounts Officer and insisted that these should be drawn in
the name of Drawing and Disbursing Officer or the Under Secretary or the Section
Officer etc. This Department vide OM No.1/2/2007-IR dated 23rd March, 2007 issued
instructions that the demand drafts/banker's cheques/lPOs made payable to the
Accounts Officers of the public authority should not be denied. lnspite of the
provisions in the rules and instructions of this 'Department, some public authorities
still refuse to accept demand drafts/banker's cheques /IPOs drawn in the name of the
Accounts Officer of the public authority.

2. Refusal to accept an application on the ground that the demand draft/banker's


cheque/IPO submitted by the applicant has been drawn in the name of the Accounts
Officer may amount to tefusal to accept the application. It may result into imposition
of penalty by the Central Information Commission on the concerned Central Public
Information Officer under Section 20 of the Act. All the public authorities should,
therefore, ensure that payment of fee by demand draft/banker's cheque/lPO made
payable to the Accounts Officer of the public authority is not denied.

3. �-
Contents of this OM may be brought to the notice of all concern. ....

..
(K.G. Verma)
Director
· Tel: 23092158

1. All the Ministries I Departments of the Government of India


2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Secretariat/
,�.
Cabinet Secretariat/ Central Vigilance Commission/ President's
. Secretariat/
Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, COO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, I 0, Bahadur Shah Zafar Marg,
New Delhi.
6. All officers/Desks/Sections, DOP&T and Department of Pension & Pensioners
Welfare.

Copy to: Chief Secretaries of all the States/UTs.


No.12/9/2009-IR ,
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
••••••

North Block, New Delhi


Dated the 24th May, 2010

OFFICE-MEMORANDUM

Subject : Payment of fee under the Right to Information Act, 2005 - scope of sub-
.......
section (3) of Section 7 of the Act.

The Undersigned is directed to say that a question is raised from time to time
whether a Public Information Officer (PIO) has power to charge fee under Section
7(3) of the RTI Act. 2005 in addition to fee prescribed under Sections 6(1), 7(1) and
7(5) of the Act.

2. Section 6(1) of the Act enables the Government to prescribe application fee
and sub-sections (1) and (5) of Section 7 to prescribe fee in addition to application
fee for supply of information. On the other hand sub-section (3) of Section 7
provides the procedure which a PIO has to follow for realizing the fee prescribed
under sub-sections (1) and (5) of the Section. Details of fees that can be charged by
a public authority under the Central Government are contained in the Right to
Information (Regulation of Fee & Cost) Rules, 2005. The Rules or the Act do not
give power to the PIO to charge any fee other than prescribed in the Fee and Cost
Rules. Attention in this regard is invited to following extracts from the common order
passed by the Central Information Commission in Appeal No. CIC/MA/A/2008/0185
(Shri K.K. Kishore Vs. Institute of Company Secretaries of India) and Complaint
No.CIC/WB/C/2007/00943 (Shri Subodh Jain Vs. Dy. Commissioner of Police):

"The Act under proviso to sub-section (5) of Section 7 also provides that fee
prescribed under sub-sections (1) and (5) of Section 7 shall be reasonable
and no such fee shall be charged from the persons who are below poverty
line as may be determined by the Appropriate Government. The
Government has already prescribed fees as deemed reasonable mandated
under Sections 7(1) and 7(5) of the Act and in the view of the Commission,
there is no provision for any further fee apart from the one already prescribed
under Sections 7(1) and 7(5) of the Act'.

xxx xxx xxx


-: 2 :-

"Thus, there is provision for charging of fee only under Section 6(1) which is
the application fee; Section 7(1) which is the fee charged for photocopying
etc. and Section 7 (5) which is for getting information in printed or electronic
format. But there is no provision for any further fee and if any further fee is
being charged by the Public Authorities in addition to what is already
prescribed under Section 6(1 ). 7(1) and 7(5) of the Act, the same would be in
contravention of the Right to Information Act. The "further fee" mentioned in
Section 7(3) only refers to the procedure in availing of the further fee already
prescribed under 7(5) of the RTI Act, which is "further" in terms of the basic
fee of Rs.10/- . Section 7(3), therefore, provides for procedure for realizing
the fees so prescribed".

3. The Commission, while delivering decision in above cases, recommended to


this Department to make rules. for charging fee towards supply of information which
may include fee for supply of books, maps, plans, documents, samples, models etc.
that are priced and towards postal/courier charges for mailing information, when
postal/courier charges are in excess of minimum slab prescribed by the Department
of Posts and for other similar situations.

4. The Right to Information (Regulation of Fee & Cost) Rules, 2005 already
provide provisions for charging of fee for giving information in diskettes or floppies or
in the form of photo copy; for providing samples, models, printed material like books,
maps, plans etc; and for inspection of records. The Government have, however, not
considered it desirable to charge fee towards expenditure involved in mailing
information or overhead expenditure etc. Nevertheless, supply of information in a
form which would disproportionately divert the resources of the public authority is
taken care of by Section 7(9) of the Act according to which information shall
ordinarily be provided in the form in which it is sought but supply of information in a
particular form may be refused if supply of information in that form would divert the
resources of the public authority disproportionately.

5. It is hereby clarified that where a Public Information Officer takes a decision to


provide information on payment of fee in addition to the application fee, he should
determine the quantum of such fee in accordance with the fee prescribed under the
Fee and Cost Rules referred to above and give the details of such fee to \he
applicant together with the calculation made to arrive at such fee. Since the Act or
the Rules do not provide for charging of fee towards postal expenses or cost involved
in deployment of man power for supply of information etc .• he should not ask the
applicant to pay fee on such account. However, wherever supply of information in a
particular form would disproportionately divert the resources of the public authority or
would be detrimental to the safety or preservation of the records, the PIO may refuse
to supply the information in that form.
-: 3 :-

6. Contents of this OM may be brought to the notice of all concerned.

&D (K.G. Verma)


Director
· Tel.23092158

1. All the Ministries/Departments of the Government of India.

2. Union Public Service Commission/Lok Sabha Secretariat/Rajya Sabha


Secretariat/Cabinet Secretary/Central Vigilance Commission/President's
SecretariaWice-President's Secretariat/Prime Minister's Office/Planning
Commission/Election Commission.

3. State Information Commissions

4. Staff Selection Commission, CGO Complex, New Delhi.

5. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.

6. All Officers/Desks/sections, DOP& T and Department of Pension and


Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs.

Copy also to : Central Information Commission with reference to the


Commission's recommendation referred to above.
No.F. 1/5/2011-IR
Government of Indio
Ministry of Personnel, PG & Pension
......
Oeportment of Personnef & Training
._
North Block, New Delhi
Doted Aprif 26. 2011
lo

I. The Chief Secretaries ot all States/UTs (except J&K}


2. The Registrars of oll High Courts
3. The Registrar of the Supreme Court

...
Subject:- Hormonlzotion of tee pcvoble under the Righi to lnlormolion Act. 2005 .
.___.___

Sir,

Sections 27 end 28 of the Right to Information Act. 2005 empower the


appropriate Governmen1s and the Competent Authorities to make rules to
prescribe,lnter-ollo. the fees payable under the Act. In exercise of the powers. the
Central Government. State Governments, High Courts etc. hove nol1fied rules. II
hos been observed that the lee prescribed by different appropriate
Governments/Competent Authorities is ct great variance.

2. The 2ne1 Administrative Reforms Commission hos. in this regard recommended


that the Stoles should frame Rules regarding application fee in harmony with the
Central Rules and ensure that the fee should not become a disincentive for using
the right lo lnformotion.

3. All lhe Stoles/Competent Authorities ore, therefore. requested to kindly


review their Fee Rules and lo prescribe tee in consononce with the fee prescribed
by fhe Government of India. A copy of the Right to Information (Regulation of Fee
ond Cost) Rules. 2005 notified by lhe Government of lncflo is enclosed for ready
reference.

4. Klndly intorrn us of lhe action token in this regard.

&v (K.G. Verma!


Director
Tel. 2309 2158
No..f. 10/9J'2008.IR
Govefnn'MN1t of k'da
Ministry of Personnel. PG & Pension
Deportment of Penonnel & Training
·- North Block. New Deihl
Doted Ar:ri 26, 2011

......
Subfect:- Payment of fee under the RTI Act by Indian Postal Order .

The undenigned Is directed to say that the Right to lnformaflon (Regulatlon of


Fee and Cost) Rules. 2005 pro\lide that a person seetdng lnformotlon under the RT1
Act. XIOS con make payment of fee fo, obtaining lnformaflon by cash or demand
ctott Of banker's cheque or Indian Postal Ord«. It has been brought to the nolce
of this Department that some pubic autholtttes do not accept tee through the
Inclan PostoJ Orden:.
2. As stotect above, one of the approved modes of payment of fee undef the
Rules Is ttYough 1ttdkJn Postal orde(. Refusd ta accept fee ttrough the IPO may be
1

treated as refU$0l to accept the application. It moy result Into imposftton 4:>f penalty
by the Central Information Commlssfon on the ·concerned central Pvb1c lnfonnatton
Officer undef Sectton 20 of the Act. Al the pubic ovfho,tfkts shou1d. therefore,
ensuf9 fhot paymen� of fee by IPO Is not derued.

3. Contents ot this OM may be brouglt to the notice of on concemed.

-
( K.G. V
.

otect«
Tele 2309 2158

I. Alf the Mlnls1ries/Deportments of the Govemment of lndla


- 2. Union Pubic SerAce Comrnlssion/lok Sabha Secretmot./Rojya Sabha
Secretor1ot/Cab&net Secretariat/Central Vlgiklnce Commisslon{President's
Secretol1ot/Vlee-Presldent's Secretark:rt/Prlme Mints1er's Office/Planning
Commission/Section Commission

3. Centrat Information Commission


4. Stoff Setecflon Commis.sk>n. CGO Con� New Oehl
5. Office of the Comptroller & Audltof Geoeral of Inda. 10, Bohodur Sho:h Zafar
tJ!org. New Oelhl
6. Al1 Officen/Oesbtsecttons. Deponment of Personnel & Ttalnlng ond
Department of Pension & Pen$1ons Welfae

Copy to: Chief Secr�tanes of all the States/UTs..


F. No.12/31/2013-IR
Government of lndla
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi - 110001


Dated: 11.2.2013

OFFICE MEMORANDUM

Subj cl: Timely intimation about payment of additional fee under RTI Act
2005.

· II has been brought to the notice of the Central Information


Commission that some CPIOs inform the informotion seeker about the
addiltional fee under sub section 7(3) of the RTI Act at the fag end of the thirty
day1 period prescribed for providing the information under sub-section 7(1) of
the �Tl Act.

2. The Central Information Commission in one of its orders has mentioned


tha� while
I there cannot be any hard and fast rule about when exactly the
inti ation about the photocopying charges should be conveyed to the
infor ation seeker. it is implied in the prescribed lime limit that the demand
for t e photocopying charges must be mode soon after the RTI application is ·
rec�ved so that the information seeker hos lime to deposit the fees and
rec911ve the information within the prescribed thirty days period. If the
information sought is not voluminous or is not dispersed over a large number
of fiEs. .computation of the photocopying charges should not be a time
con urning task. As soon as the RTI application is received. the holder of the
infor olion should decide about how much information to disclose and then
calculate the photocopying charges so that the CPIO can immediately write
to trle information seeker demanding such fees.

3. This may be brought lo the notice of all concerned for compliance.


(Sandeep Jain)
Deputy Secretary

1. tll the Ministries I Departments of the Government of Indio

... 2. ·�nion Public Service Commission. Lok Sabha Sectt. Rajya Sabha
ecretoriat. Cabinet Secretoriot. Central Vigilance Commission.
resident's Secretoriot. Vice-President's Secretariat. Prime Minister's Office.
lonning Commission. Election Commission.
3. Central lnfor.mation Commission/State Information Commissions.

4. Staff Selection Commission, CGO Complex, New Delhi

5. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.

6. All officers/Desks/Sections, DOP&T and Department of Pension &


Pensioners Welfare.

Copy to :- Chief Secretaries of All the States/UTs


Chapter -3
Deemed CPIO
S.No. File No. Date Subject
1. 1 /14/2008-IR 28/07/2008 Clarification regarding Sub-sections (4) and (5)
I I of Section 5 of the Right to Information Act, 2005.
NoJ/14/20C•S·IR
<iOYCtlln\t(lt oflodi.i
Mi.oisvy of Personnel, Public Odevences & Pensions
Department of Personnel & Training

No,11\Block, N""' DeJlu


Dated: the 28"' July, 2008

OFflCll M.!!MORA'ffil)l\f

Subject: Clariffoation ,e�,atdi,)R Sub-sections i4) arid {5) ()f Section -5 of the Ri.1:?bt to
J.niUmullion Act. 200�·.
• ••
Sub-secuons (4j and (5) of section 5 of the- Right. ti) lnf<:.'PTtlltion Act 2005,
p10\'icli: IJJut a Public Information Office, (PlO) mey sock the. assistance of any ether
officer tor proper dischaegc cf bh:/her duties. The officer, whose u.ssista.nce is so
sought. shall render all a.cisist.'\l\Ce IQ tbe PJO and .:;hsJf be ln'�nt,d es a PIO for the
p1upose of ccntrevenncu of.the provisions nf the Act. It hes been brought ll'J tbe
notice of this Department d�l some PIO,;., using tJ,e above provision of the Act,
traosf.er the kn applicatioo!'> rcceoed l;)y lhdD eo other officer.! and dirt'c.t uiem to
send illfo..:.n(llion to the opplicrum l'IS deemed PlO. Thus. they use the above r.d'el'!'ed
provision to dcsi£JlSte other officers as PIO.

2 Accon:line,. to tbe A-.:1, il is the rc11pon$il)iJjty of' the officer wbo is designated as
tbe no by the rmhlic :1u1.llvri1y IQ provide inf.)JH\:"ttion to the ni1plie."im ,), reject the
application for any reasons spe.cifted in sections R end � of the AC'l. The Acr �,::ibks
the PIO to� assistance vf any other orlkci: to l.".nal-le him ta provid.:: i.ufunnulk'll to
the ia!Onnatioo sc�er. bm it does not give him uuthority to dcsii1.ate '"�" other
· .offt.ct:r 11s PIO and di,-c.:r. bb» 1('1 Sl;'J'Jd reply to th� 3f)pJh:tml. The import of $ul:>•Sel';tioo
(5) of sccrioa Si& t.hi'tt, if I.be ofticer wbose esslsueee is l:nush,, by the PJO. dots net
n:o<.!� necessary help 10 him. the Jntormetion Ommtissinn Jn:l)' impose penal(y on
such officer or recommend Jisi:jpJioary acuon �_gains1. him ,h? same way as the
Cornmlsslon may impose- pennhy ()(l or ;CCOJT.mcnd dise,iplirn1ry acuon a£ain�t the
PIO.

3. C:<,J)l.£ul1:, oflhi.s OM may be. b1oogbt to lbe notice of all ccncemed

(X.O. verme)
Director
t , All the Minimic..:. / Ocp;txh.n�nls of the. Govemmeru of ludia
2. Unioo Public Service Commi,nk,,,1,: Lok. Sabha Se�U./ Rajyn S.abha
�,ecrctariat/ Cahlnet Se,:.J�luriatt Ccnw,I Vigilance Ooaunissiou' President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.
6. All officers I Desks I Sections, DOP&T and Department of Pension and
Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs.


Chapter-4
e-IPO & online filing of RTI applications
S.No. File No. Date Subject
1 1/44/2009-IR 22/03/2013 Electronic Indian Postal Order – launching of.
2 1/44/2009-IR 07/10/2013 Extending the facility of e-IPO for payment of
RTI fee in Indian Mission by Indian citizens
abroad.
3 1/1/2013-IR 22/04/2013 Launch of RTI web portal for online filing of
RTI application.
4 1/1/2013-IR 12/08/2013 Extension of RTI web portal for online filing of
RTI application.
5 1/1/2013-IR 14/03/2014 RTI Web Portal for online filing of RTI
applications.
No.1/44/2009-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated the 22nd March, 2013

OFFICE MEMORANDUM

Subject - Electronic Indian Postal Order - launching of.

On the initiative of Department of Personnel and Training,


Department of Posts has launched a service called "elPO" (Electronic
Indian Postal Order) w.e.f. 22/03/2013. This is a facility to purchase an
Indian Postal Order electronically by paying a fee on-line through e-Post
Office Portal i.e. http:l/www.epostoffice.gov.in. It can also be accessed
through India Post website www.indiapost.gov.in . As per RTI Rules, 2012,
fees may be paid by electronic means, if facility for receiving fees through
electronic means is available with the public authority.

2. At present, this facility is provided only for Indian Citizens abroad


across the globe to facilitate them to seek information from the Central
Public Information Officers (CPIOs) under the RTI Act, 2005. Debit and
Credit cards can be used to purchase elPO.
3. The user needs to get himself registered at the website. He has to
select the Ministry/Department from whom he desires to seek the
information under the RTI Act and the elPO so generated can be used to
seek information from that Ministry/Department only. A printout of the el PO
· is required to be attached with the RTI application. If the RTI application is
being filed electronically, elPO is required to be attached as an attachment.

4. It may be noted that this facility is only for purchasing an Indian


Postal Order electronically. All the requirements for filing an RTI application
as -well as other provisions reg�rding eligibility, time limit, exemptions etc.,
as provided in the RTI Act, 2005 will continue to apply.
-�-
5. An elPO so generated must be used only once with an RTI
application. To check any multiple use of the same elPO, the CPIOs shall
maintain a record of the elPOs so received from Indian Citizens abroad. In
case of any doubt, the details of elPO can be verified from the above
mentioned site/portal of India Post.

s�'-�--
.: . ,
(Sandeep Jain)
Deputy Secretary

1. All the Ministries/Departments of the Government of India


2. Union Public Service Commission, Lok Sabha Secretariat, Rajya
Sabha Secretariat, Cabinet Secretariat, Central Vigilance
Commission, President's Secretariat, Vice-President's Secretariat,
Prime Minister's Office, Planning Commission, Election Commission.
3. Central Information Commission.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller & Auditor General of India, 1 O, Bahadur Shah
Zafar Marg, New Delhi.
No. 1/44/2009-IR
Government oflndia
of
Minist?y Personnel, Public Grievances & Pensions
�ent of P.enoonel & Training
··... ·.·

North Block, N� Delhi,


Da� the ,,. October, 2013 · ·
... ·
• i' •••• "

.....
. .. : .
0

·. . · [a) The. · user · n�ds to· get · himself: i:egisteied at either of � � w�bsites
. : http:/lwww.�.gov.in ()r.miodiapost.jroy,fo .. . . ' : '. '.
. .
Min�(qepar1m�'11(� � �.iie.si� -�-�-�·-'
.·.-: .[bJ ._.He-.lia;; � the
se

·.. ·,· · · •· information under .the RTfAct and the; o-IPO so.geocr:md, by miking pay!!!,CUt
• '. .• ' • • # • • • • • 'i, •

· .. _. ·. ·,·· usi.iig .Oeb.if or Credit. �. can be 'used 1o seek' inf� from' t!l8t
. : . : Ministry!pepat bueut only. . . . . . ·. • . .: ..

[c] A .JiO•. of the e-lPO is requued to.be llttached with die R'JI app�. If lbe . ,' ··
· ,.RTI app��oo i, !)eia,g filed elec1rooicall):,· c-IPO is � � be � 111 · •
. attachment. . . . .
as. .•

[d] This �lity is only for purchasing' an Indi111 l'� :Q-der ��� All
· the
requiremeets for filing� RTI applicalioo.a.s �well as other provi,ioos-�ing
· · . eligibility, time' .limit, exemptions eee., as -provided in Jbe- ·�n Act; 2905 will
· . · .couti.pue to apply. . . . . ,� � ·
• • • • • •• • • • #

·3. · . · : it
!las -� orougb( t� the: notice-� this th�
,1
• • • ' ,• • ." I '
oe.,�r�mcot'
• • • ,. •
indian ·c� lMng . .- · . '
'

·.�lire facing difficalties in pa�_pf fees (or accessing�� �-(ndian ·· · .. ·


tJm'iQos/Post., abroad as the facilliy of�iro
. waS
. not'a�iahle.widi
.. 'tbmi. . . . :· .·. . . :. . -
.'
·4_ In order to fscilitate for obtaining tJie informatioo uiidcr tho RTI �ct, 2005 by
tho Indian citizen living abroad �!21 · Ind� Missiom/Posts' unde,r_ � of External
Affairs, the faciJity
. .•. of e-IPO is extended to 176.Jndiin MwiOMl'Posts.
. . List. .is enclosed.
�. . .
'

..
...... -·
S. This may be brought to the notice of all concerned.

/Y!an;-;rv,1..·
(Manoj Joshi)
Joint Secretary (AT&A)
Tel: 23093688

I. All the Ministries I Departments of the Government of India.


2. Union Public Service Commission! /Lok Sabha SecttJ Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice-
President's Secretariat/ Prime Minister's Office/ Planning Commission/Election
Commission.
3. Central Information Commission/ State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi.
S 0/o the Comptroller &Auditor General of India, I 0, Bahadur Shah Zafar Marg, New
Delhi.
6. All officcrs/Deslcs/Sections, DOP&T and Department of Pension & Pensioners
Welfare.

Copy to: Ms. Sujara Choudhary, General Manager (BP), Deptt. of Posts, Business
Development and Marketing Directorate, Oak Bhawan, Sansad Marg, New Delhi for
information w.r.t. their letter No. 65-04/2013-BO&MD dated 17.09.2013.
S.no. Name of the Indian Mission/Post
1 Embassy of lndia,Kabul, Afghanistan
2 Consulate General of India, Herat, Afghanistan
3 Consulate General of India, Jalalabad, Afghanistan
4 Consulate General of India, Kandahar, Afghanistan
5 Consulate General of India, Mazar-e-Sharif, Afghanistan
6 Embassy of India, Algiers.Algeria
7 Embassy of India, Luanda, Angola
8 Embassy of India, Buenos Aires, Argentina
9 Embassy of India.Yerevan, Armenia
10 High Commission of India, Canberra, Australia
11 Consulate General of India, Melbourne, Australia
12 Consulate General of India, Perth, Australia
13 Consulate General of India, Sydney, Australia
14 Embassy of lndia,Vienna, Austria
15 Embassy of India, Baku, Azerbaijan
16 Embassy of lndia,Manama, Bahrain
17 High Commission of lndia,Dhaka, Bangladesh
18 Assistant High Commission of India, Chittagong, Bangladesh
19 Assistant High Commission of india, Rajshahi, Bangladesh
20 Embassy of India, Minsk, Belarus
21 Embassy of India, Brussels, Belgium
22 Embassy of lndia.Thimphu, Bhutan
23 Consulate General of India, Phuentshollng, Bhutan
24 High Commission of lndia,Gaborone, Botswana
25 Embassy of India, Brasllla, Brazil
26 Consulate General of India, Sao Paulo, Brazil
27 High Commission of India.Bandar Serl Begawan, Brunel Darussalam
28 Embassy of India, Sofia.Bulgaria
29 Embassy of India, Pnom Penh,Cambodla
30 High Commission of India, Ottawa, Canada
31 Consulate General of India, Toronto, Canada
32 Consulate General of lndia, Vancouver, Canada
33 Embassy of lndia,Santiago, Chile
34 Embassy of India, Beijing, China
35 Consulate General of India, Guangzhou, China
36 Consulate General of India, Hongkong
37 Consulate General of India, Shanghai, China
38 Embassy of India, Bogota, Colombia
39 Embassy of India, Democratic Republic of Congo
40 Embassy of lndla,Abldjan, Ivory Coast
41 Embassy of India, Zagreb, Croatia
42 Embassy of India, Havana, Cuba
43 High Commission of India, Nicosia, Cyprus
44 Embassy of India, Prague, Czech Republic
45 Emba.ssy of India.Copenhagen, Denmark
46 Embassy of India, Cairo, Egypt
47 Embassy of India.Addis Ababa, Ethiopia
48 High Commission of India, Suva, Fiji islands
49 Embassy of India, Helsinki, Finland
SO Embassy of India, Paris, France
51 Permanent Delegation of India to the UNESCO, Paris. France
52 Consulate General of India, Saint Denis, Reunion Island
53 Embassy of India.Berlin, Germany
54 Consulate General of India, Frankfurt, Germany
SS Consulate General of India, Hamburg, Germany
56 Consulate General of India, Munich, Germany
57 High Commission of India, Acc,a, Ghana
SS Embassy of India, .Athens, Greece
59 Embassy of India, Guatemala City, Guatemala
60 High Commission of India, Georgetown, Guyana
61 Embassy of India, Budapest, Hungary
62 Embassy of lndia,Reykjavik, Iceland
63 Embassy of India, Jakarta, Indonesia
64 Consulate General of India, Medan, Indonesia
65 Embassy of India, Tehran, Iran
66 Consulate General of India, Bandar Abbas, Iran
67 Consulate General of India, Zahidan, Iran
68 Embassy of India, Baghdad, Iraq
69 Embassy of India, Dublin, Ireland
70 Embassy of India, Tel Aviv, Israel
71 Embassy of India, Rome, Italy
72 Consulate General of India, Milan, Italy
73 High Commission of India, Kingston, Jamaica
74 Embassy of India, Tokyo, Japan
75 Consulate General of India, Osaka-Kobe, Japan
76 Embassy of India, Amman, Jordan
77 Embassy of India, Astana, Kazakhstan
78 High Commission of India, Nairobi,Kenya
79 Assistant High Commission of India, Mombasa, Kenya
80 Embassy of India, Pyongyang. DPR Korea
81 Embassy of India, Seoul, Republic of Korea
82 Embassy of India, Safat, Kuwait
83 Embassy of India, Bishkek, Kyrgyztan
84 Emnbassy of India, Vientiane, Lao People's Democratic Republic
85 Embassy of India, Beirut, Lebanon
86 Embassy of India, Tripoli, Libya
87 Embassy of India, Antananarivo, Madagascar
88 High Commission of India, Kuala Lumpur, Malaysia
89 High Commission of India, Male, Republic of Maldives
90 Embassy of India, Bamako, Mali
91 High Commission of India, Port Louis, Mauritius
92 Embassy of India, Mexico
93 Embassy of India, Ulaanbaatar,Mongolia
94 Embassy of India, Rabat, Morocco
95 High Commission of India, Maputo, Mozambique
96 Embassy of India, Yangon, Myanmar
97 Consulate General of India, Mandalay, Myanmar
98 High CommiSSion of India, Windhoek, Namibia
99 Embassy of India, Kathmandu, Nepal
100 Embassy of India Camp Office, Biratnagar, Nepal
101 Consulate General of India, Birgunj, Nepal
102 Embassy of India, The Hague, Netherlands
103 High Commission of India, Wellington, New Zealand
104 Embassy of India, Niamey, Niger
105 High Commission of India, Abuja, Nigeria
106 Office of the High Commission of India, Lagos, Nigeria
107 Embassy of India, Oslo, Norway
108 Embassy of India, Muscat, Sultanate of Oman
109 High Commission of lndla,lslamabad, Pakistan
110 · Representative Office of India, Ramallah City, State ofPalestine
111 Embassy of India, Panama
112 High Commission of India, Port Moresby, Papua New Guinea
113 Embassy of India, Lima, Peru
114 Embassy of India, Manila, Philippines
115 Embassy of India, Lisbon, Portugal
116 Embassy of India, Doha, Qatar
117 Embassyofindia,Bucharest,, Romania
118 Embassy of India, Moscow, Russian Federation
119 Consulate General of India, St. Petersburg, Russian federation
120 Consulate General of India, Vladivostok, Russian Federation
121 Embassy of India, Riyadh, Saudi Arabia
122 Consulate General of India, Jeddah, Saudi Arabia
123 Embassy of India, Dakar, Senegal
124 Embassy of India, Belgrade, Republic of Serbia
125 High Commission of India, Victoria, Seychelles
126 High Commission of India, Singapore
127 Embassy of India, Bratislava, Slovak Republic
128 Embassy of India, Ljubljana, Slovenia
129 High Commission of India, Pretoria, South Africa
BO Consulate General of India, cape Town, South Africa
Bl Consulate General of India, Durban, South Africa
132 Consulate General of India, Johannesburg, South Africa
133 Embassy of India, Madrid, Spain
134 High Commission of India, Colombo, Sri Lanka
135 Assistant High Commission of India, Kandy, sri Lanka
136 Consulate General of India, Hambantota, Sri Lanka
137 Consulate General of India, Jaffna,.Sri Lanka
138 Embassy of India, Khartoum, Sudan
139 Consulate General of India, Juba, Sudan
140 Embassy of India, Paramaribo, Suriname
141 Embassy of India, Stockholm, Sweden
142 Embassy of India, Berne, Switzerland
143 Consulate General of India, Geneva, Switzerland
144 Permanent Mission of India to the UN Offices in Geneva, Switzerland
145 Embassy of India, Damascus, Syria
146 Embassy of India, Dushanbe, Tajikistan
147 High Commission of India, Dar es Salaam, Tanzania
.,
148 Consulate General of India, Zanzibar, Tanzania
149 Embassy of India, Bangkok, Thailand
150 Consulate of India, Chiangmai, Thailand
151 High Commission of India, Trinidad & Tobago, West Indies
152 Embassy of India, Tunis, Tunisia
153 Embassy of India, Istanbul, Turkey
154 Consulate General of India, Istanbul, Turkey
155 Embassy of India, Ashgabat, Turkmenistan
156 High Commission of lndla,Kampala, Uganda
157 Embassy of India, Kyiv, Ukraine
158 Embassy of India, Abu Dhabi, UAE
159 Consulate General of India, Dubai, UAE
· 160 High Commission of India, London, United Kingdom
161 Consulate General of India, Birmingham, United Kingdom
162 Consulate General of India, Edinburgh, United Kingdom
163 Embassy of India, Washington, USA
164 Consulate General of India, Atlanta, USA
165 Consulate General of India, Chicago, USA
166 Consulate general of India, Houston, USA
167 Consulate General of India, New York, USA
168 Consulate General of India, San Francisco, USA
169 Permanent Mission of India to the UN,New York, USA
170 Embassy of India, Tashkent, Uzbekistan
171 Embassy of India, Caracas, Venezuela
172 Embassy of India, Hanoi, Vietnam
173 Consulate General of India, Ho Chi Minh City, Vietnam
174 Embassy of India, Sana'a, Yemen
175 High Commission of India, Lusaka, Zambia
176 Embassy of India, Harare, Zimbabwe
No.1/1/2013-1 R
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated:22/04/2013

OFFICE MEMORANDUM

Subject: Launch of RTI web portal for online filing of RTI application.

A Web Portal namely RTI Online with url https:llrtionline.gov.in has been
launched. This portal, developed by NIC, is a facility for the Indian Citizens to online
file RTI applications and first appeals and also to make online payment of RTI fees.
The prescribed fees can be paid through Internet banking of State Bank of India and
its associate banks as well as by Credit/Debit cards of Visa/Master, through the
payment gateway of SBI linked to this site.

2. At present, this facility is available only for Department of Personnel and


Training (DoPT). It is planned to extend this facility to all the Ministries/Departments
of Govt. of India within a month. This facility is presently not proposed to be
extended for field offices/attached/subordinate offices.

3. This system would work as RTI MIS also. The details of RTI applications
received through post should also be entered into this system. The system would
also provide for online reply of RTI applications, though reply could be sent by
regular post also.

4. It is requested that full co-operation may be extended for the successful


implementation/roll out of this facility. First of all, it is necessary that the RTI Nodal
Officers, officials of RTI Cell and all the CPIOs/FAAs of the Ministries/Departments
are trained to use this facility. Arrangements have been made to provide training to
the RTI Nodal Officers, RTI Cell officials and the NIC/IT personnel attached with the
Ministries/Departments, by DoPT with the help of NIC, within next 2-3 weeks. The
schedule for such training would be intimated to the RTI Nodal Officers directly. It is
requested that training for all the CPIOs and FAAs may be organized by the
concerned Ministry/Department, through these officers trained by DoPT/NIC.

5. The screen shot of the home page of the portal, the terms and conditions and
copy of the O.M.No.1/1/2013-IR dated 08.04.2013 issued in respect of DoPT are
enclosed for information.
� -

6. The contents of this OM may be brought to the notice of all concerned.

j � �� --r:::-__.
(Sandeep Jain)
Deputy Secretary
Tele: 23092755

All the Ministries/Departments of the Government of India

Copy to:
1. Union Public Service Commission, Lok Sabha Secretariat, Rajya Sabha
Secretariat, Cabinet Secretariat, Central Vigilance Commission, President's
Secretariat, Vice-President's Secretariat, Prime Minister's Office, Planning
Commission, Election Commission.
2. Central Information Commission.
3. Staff Selection Commission, CGO Complex, New Delhi
4. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
RTI Online :: Online RTI Information System --:, - Page I of I

------···--·---·------------------------------------
T
I
RTI Online
L . _
Home Submit Request Submit First Appeal View Status FAQ
Presently, the Online fl ling of RT! Request and Appeal Is avalable ONLY for Department of Personnel & 'J'ralnlng (DOPT).

Online R'D Information System

! This is; portal 10 fik RTI opplications/first appeals onlinc


along with payment gateway. Payment can be made
through internet banking of SBI & its associate banks aad
O.irm.antc.:
'--------'
ml
<lcbil/Cn�it cun..i� nf Mut.tcr/Visa. Through this pOrtol RTI
applk:ttions/first appeals can be filed by Indian Citfaens RIGHTTO
only for thl� main miuistriesjdeparunents nf Central Gcvt.,
� INFORMATION
located ttt New Delhi. RTI applic:ations/fu'St appeals should
not be filed for other Public authorities under
' C'entrol/St�tc Govt. tlll'Ough tbis portal,
NotR�YN,
Please read instructions can:fnlly while
ttuh1nltt1ns. request/appeal.
------ --------.. >
1- ' ' .. --·· --·---·
Help Desk : for any queries related to thls portal, Please contact at ou-2462.2461, during normal office hours.

---------�---------------------------------------·
Right to Information Act 2005 Important links
Ri,;ht to lutormmlon .'\l'l :lc.)()5 mandntes 1in1t.ly �llOll.'t: 10 citiit-n �uMS for KO\"anml'.ut Nnrlnnnl lnforrontie;,; C.Cntl't'
informntion. It is au initiative wkcn by L)c,-..1rtmcot nf Prrsonnrl and Truiniu� Ministry or
Pt�1"Nonnd, P11h1IC' Gric.',·t\n('(!s and Pension"! to provide a RTI Port:tl C"urw:iy to tht citU-A!n$ for Riehl tu lnfonDDlion
quk:k �e1u·c:h nf info1,nntion nn the drtoils or fi111t Ar,pcllt1tt Authorities, PIO. etc.

·� �----------------------------------------'

http ://rtionline.gov. in/ 05-04-2013


RTI Online :: Guidelines for use of RT! Online Portal Li - Page 1 of I

GUIDELINES FOR USF. OF RTI ONLINB PORTAL

1. Thi, Weh Poatal can be UK-d by Indian citiul\l to file RTI appli<,itiou ouline and al,;o to make payment for RTI •pplication

oullne. First appeal can also be filed online.


2. At present, an applicant who desires to obtain any information under the Rn Act can make a request through this Web
Portat to only Department of Personnel and Training (Dol'1).
3. 011 clicking at "Submit Request", the applicant has to fill the required delllils on the page that will appear.
The fields marked • are mandatory while the others on: option.al.
4. The text of the application may be written at the prescribed column.
5. At present, the text of an application that can be uploaded at the prescribed column is confined to 500 words only.
6. In case an application contains more than 500 words, it can be uploaded as an attachment, by using column
"Supporting document".
7. After filling the fast page, the applicant has to dick on "Make Payment" to male,: payment of the prescribed fee.
8. The applicant can pay the prescribed fee through the following modes:
(a) Internet banking through SBI and its associated banks;
(b) Using credit/debit card of Master/Visa.
9. Fee for making an application is as prescribed in the RTI Rules, 2:012.
10. After making payment, an appltcetion can be submitted.
11. No RT! fee is required to be paid by any citizen who is below po,,erty line as per RT! Rules, 2012. However, the applicant

must attach a copy of the certificate Issued by the appropriate government in this reg11rd, aloogwith the application.
12. On submission of an applicatlcn, a unique registmtion number would be issued. which may be referred by the applicant for

""Y
references in future.
13. The application filed through this Web Portal wonld reach c.lc,:tronically to the "NodJtl Office,·· of DoPT, who would transmit
the RT! appllcation electronically to tbe concerned CPIO.
14. In case additional fee ls required representing the eosr for p?OYiding Information, the CPIO would intimate the applicant
through thi• portal. 1i,1., Intlmation can be seen by the applicant through Status Report or through his/her c·man alert.
15. Fol' m•king an appeal to the first Appellate Authority, the applicant bas to click At "Submh Appeal" •nd fill up the page that
will •PJ>eOr.
16. The reglstt'tltlon number of original application bas to be used for refere nee.
17. A,, per RTI Act, no fee has to be paid for first appeal.
18. At present, nn •1>pliritnt/thc appellant con see the fullowing•tatus:
(i) A1>11llcation filed on ..
(ii) Additional fees, if requlred ..
(Iii) A1>1X!al filed Oil ..
(Iv) Re�He<l on ..
19. The applicont{tbc appellant should submit his/her mobile number to reccive SMS alert.
20. All the requirements for filing an RTI applic:ntion and finn appeal u well III other provisions n,gnrding time limit,
exemption, etc., U$ J>l'Ovid(...-d in the RTI Act, 2005 wilt continue lo apply.

O I liauc ,•cad and underotood the aboue guiddinea.

http://rtionline.gov.in/guidelines.php?request 05-04-2013
-�-
No.1/1/2013-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated:08/04/2013

OFFICE MEMORANDUM

Subject: Launch of RTI web portal for online filing of RTI application.

A Web Portal namely RTI Online with url https:llrtionline.gov.in has been
launched. This is a facility for the Indian Citizens to file RTI applications and first
appeals online and also to make payment of RTI fees online. To begin with, this
facility is available only for Department of Personnel and Training (DoPT).

2. The applicant can pay the prescribed fee through the following modes:

a) Internet banking through State Bank of India and its associate banks;
b) Credit/Debit card of Visa/Master.

3. As prescribed in the RTI Rules, 2012, RTI application fee is Rupees 10/-. No
RTI fee is required to be paid by any citizen who is below poverty line. However,
such applicant must attach a copy of the certificate issued by the appropriate
government in this regard, along with the application.

4. The application filed through this Web Portal would reach electronically to the
"Nodal Officer" of DoPT. The Nodal Officer shall access this portal at least twice
in a day. He shall transmit the RTI application electronically to the concerned
CPIO. In case the RTI application is not meant for DoPT, the "Nodal Officer" shall
transfer the application physically to the concerned public authority, under section
6(3) of the RTI Act.

5. Each CPIO has been provided usemame and password by the Nodal Officer,
to login. All CPIOs shall regularly check the portal, atleast once in a day, to know
whether any new RTI application has been received or not.

6. In case additional fee is required representing the cost for providing


information, the CPIO shall intimate the applicant about the same through this
portal.

7. The first appeals filed through this Web Portal would also reach electronically
to the "Nodal Officer" of DoPT, who would transmit the appeals electronically to
the concerned First Appellate Authority (FAA). Each FAA would be provided
-6-

username and password by the Nodal Officer to login. All FAAs shall regularly
check the portal to know whether any new appeal has been received or not.

8. The CPIOs and the FAAs shall reply to the applicant/appellant electronically
through this portal. However, if the volume of information to be supplied is large,
the same could be sent through post, as being done at present.

9. The RTI applications received physically through Oak in RTI Cell should also
be entered in the Portal by the Nodal Officer/RTI Cell, before forwarding to the
concerned CPIO. The RTI applications received physically°through Oak directly
by the CPIO should also be entered in the Portal by the concerned CPIO. The
CPIOs should reply to such applications physically through post

10. It may be noted that management of RTI applications/first appeals received


henceforth would be through this portal and not through the existing RTIMIS.
However, CPIOs/FAAs may continue to use the RTIMIS to clear the pendency,
for the RTI applications/first appeals lodged in RTIMIS till date.

11. All the requirements for filing an RTI application and first appeal as well as
other provisions regarding time limit, exemptions etc., as provided in the RTI Act,
2005 shall continue to apply.

.s:oU-
!
(Sandeep Jain)
Deputy Secretary
All Officers/Desks/Sections, DOP&T
No.1/1/2013-JR
Government of India
Ministry of Personnel, Public Grievance& & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated: 12/08/2013

OFFICE MEMORANDUM

Subject: Extension of RTI web portal for online fillng of RTI application.

In continuation of this Department's 0.M. of even number dated 22104/2013, it is intimated


that the facility of RTI online web portal has been extended to 37 Ministries/Departments of
Government of India, so far (list enclosed). This facility would be extended to all the remaining
Ministries/Departments of Government of India with effect from 2151 August, 2013. This facility is
presently not proposed to be extended for field offices/attached/subordinate offices.

2. It is again requested that training to all the CPIOs and First Appellate Authorities (FAAs)
may be provided by the concerned Ministry/Department, through the officials trained by OoPT/NIC.
If required, further training can be provided by DoPT/NIC, on the request of the concerned
Ministry/Department. User name/password to all the CPIOs and FAAs are to be provided by RTI
Nodal Officers of the concerned Ministry/Department. It is imperative that the RTI Nodal Officers
update the details of CPIOs/FAAs in the system and issue user name and password to them at the
earliest.

3. The contents of this OM may be brought to the notice of all concerned.

/111(¥rl 1. JC/) !.. .


(Manoj Joshi)
Joint Secretary
Tele : 23093668

All the Ministries/Departments of the Government of India (except in the list enclosed)

Copy to:

1. Union Public Service Commission, Lok Sabha Secretariat, Rajya Sabha Secretariat, Cabinet
Secretariat, Central Vigilance Commission, President's Secretariat, Vice-President's Secretariat,
Prime Minister's Office, Planning Commission, Election Commission.

2. Central Information Commission.

3. Staff Selection Commission, CGO Complex, New Delhi

4. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
LIST OF MINISTRIES/DEPARTMENTS TO WHOM RTI ONLINE WEB PORTAL
FACILITY HAS BEEN EXTENDED

1. DEPARTMENT OF AGRICULTURE RESEARCH & EDUCATION


2. DEPARTMENT OF AGRICULTURE & COOPERATION
3. DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING & FISHERIES
4. DEPARTMENT OF AYUSH
5. DEPARTMENT OF CHEMICALS & PETROCHEMICALS
6. DEPARTMENT OF COMMERCE
7. DEPARTMENT OF CONSUMER AFFAIRS
8. DEPARTMENT OF DISINVESTMENT
9. DEPARTMENT OF FOOD & PUBLIC DISTRIBUTION
10.DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION
s
11. DEPARTMENT OF PERSONNEL TRAINING
12.DEPARTMENT OF PUBLIC ENTERPRISES
13. MINISTRY OF CULTURE
14. MINISTRY OF EXTERNAL AFFAIRS
15.MINISTRY OF FOOD PROCESSING INDUSTRIES
16. MINISTRY OF HEALTH & FAMILY WELFARE
17. MINISTRY OF HOME AFFAIRS
18.MINISTRY OF INFORMATION & BROADCASTING
19. MINISTRY OF PANCHAYATI RAJ
20. MINISTRY OF POWER
21.MINISTRY OF ROAD TRNSPORT & HIGHWAYS
22.MINISTRY OF STEEL
23.PRESIDENT SECRETARIAT
24.VICE-PRESIDENT SECRETARIAT
25.MINISTRY OF WATER RESOURCES
26. UNION PUBLIC SERVICE COMMISSION
27. DEPARTMENT OF ECONOMIC AFFAIRS
28. DEPARTMENT OF REVENUE
29.DEPARTMENT OF YOUTH AFFAIRS
30.MINISTRY OF ENVIRONMENT & FORESTS
31.DEPARTMENT OF HEAVY INDUSTRY
32. MINISTRY OF TOURISM
33. MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT
34. MINISTRY OF SHIPPING
35.MINISTRY OF CORPORATE AFFAIRS
36. PLANNING COMMISSION
37.DEPARTMENT OF ADMINISTRATIVE REFORMS & PG
I.-
No. l/l/2013-IR
Government of Indio
Ministry of Pe,sonnel. Public Griovonccs and Pensions
Deportment of Personnel ond Troining

North Bfock. New Delhi


Doled l4"' Match. 2014

OflJc• Memorandum
Subject: - RTI Web Portol for onllne fling of RTI oppttcollons.

Pleose refer lo this Deportments O.M. of even no. doted the 22<>" April,
2013, where'.n It wos Informed thot RTI Web Portol would W()(k OS RTI MIS olso.
Fulher, ii wos mentioned thol the detoils of RTI opplicofions received through
post shoUtd ollO be entered into this system.

2. II hos come lo nofice thot some Ministries/Deportments ore not


uplooding/en1ering RTI opplicottons received physk:ally (through post or In
person) in the RTI onrne portal As o result. such oppticotions do not get
reflected In the RTI MIS. In wch coses. RTI MIS is unoble to peovide occurote
picture of pendency of RTI oppUcotions in o public outhorlly ond the purpose
of RTI MIS gets defeated.

3. In view of !he above, tt is ogoin requested Iha! the RTI oppUcotions


received physk:olly (throvgh post or .in person) In RT! Cell should also be
entered in the portal by the Nodal O!licer/RTI Cell, before forwording the
some to the concerned CPlO. Simiorly, !he RT! oppicotions received
phy,icoly drectty by the CPIO should dso be entered in !he portal by the
concerned CPIO belore reply. Similar procecore is to be adopted in respect
of Fm Appeal received physically.

4. II is also reiterated tho! !he reply to RTI opplico�ons/oppecls received


phy;icoly is to be sent through post only and not through the portal.
However. ofter reply through post. the some hos lo be entered in lhe
system/portal. os dsposed ell. This would provide on occurote picture In RTI
MIS about !he dsposol of RTI oppicoHons/oppeots by a public ovthorily.

5. The obove inslrucilons may be brought to the notice of oll concerned


f()( slrict compliance.

.s. -4\� �
. I :...--
(Sondeep Join)
Director (IR)
Tete: 2309 2755
All Minishles/Deportments of the Government ol lndo.
Copy to: UPSC, Cabinet Secretoriot. eve. President's Secretoriot. Vice
President Secretorlot. PMO. Plonning Commission, CIC. ssc;. 0/o C&AG
Chapter-5

RTI Cell
S.No. File No. Date Subject
1 1/12/2010-IR 19/05/2011 Effective Implementation of RTI Act, 2005-
Setting up of RTI Cells.
2 1/12/2010-IR 02/08/2012 Financial Assistance for setting up RTI Cells.
3 1/12/2010-IR 7/7/2014 Financial assistance for Setting of RTI Cell in
Public Authority.
No.Ull/2-GlO·IR
Govcmmes,I of India
Mis,lstry or
Personnel, PC. &. Pfnsions
Dtpartmrnl of Personnel & Train in&

North Block, New Delhi


Dated: S,\� May, 2011

OFFlCE MF.MORI\NDUM

Subject Effective Implementation of RT I Act, 2005-Set:ting up of RTI Cells.

The undersigned is direeted to refe"r-to this Department's OM No.J/3212007-TR dated 14111


November, 2007 whereby all the public authorities with more than one Public Information
Officer (PlO) were advised 10 create a Central Pomt within the organization 10 receive RTI
appHc.ations and appeals and ensure quick. distribution thereof. Experience of past five years bas
shown that there ii. a need to expand the scope of the Central Point so as lo deal with the RTI
related issues effectively.
2. In this context a RTI Cell has been ser up in 1he Depanmen; of Ptrsonntl and Tntining
(by reorganizing the staff in Administration Division) with the following functions:
a) to receive RTI awlico.tionsl appealsi'decisioe1s of the Central lnfonnolion Commission
(CIC) and to route lhem to CPIOs /AAs�
b) dispatch replies to RTI requests and appeals ineludiog t.'ie letters requiring the applicants
LO depesit addilionnl rec;
c) transfer npplications llQl pertaining to the public authority to the concerned public
authority;
d) maintain lists of Pl Os. First Appellate AulhMiti� and their liok officers; and
e) coordinate \be work relating lo pro�iv<?. disclosure, and the Annual Report of the
Central lnfonnation Commission etc.
A oopy of the OM No. 211012010 dared 91b July, 2010 detailing the roles and functions of the RTI
Cell is enclosed at Annexure I.
3. Subsequent to the setting up of the Cell. detailed instrUclions were issued to outline the
procedures for handling RTl applications! appeals vide OM No 2/10/lOIO datc:dt6" July, 2010
(Annexure Il). This cell has been functioning for tM last 9 months and has resulted in better
compliance with the provisions of the RTl Act. 2005.
4 ll is recommended that Ministricsf Departments may set up RTI Cells to streamline the
receipt and disposal of RTI Applications. Thc:y may use the arrangements made by DoPT vide
OMs referred to above with suit.able modifications.

5. Muustriesl Deparonents may also avail of a one-time grant of up to Rs. 50,000.00 for
procuring a computer along with a printer and scanner facility ror RTI Cells undQ" lhc Centrally
Sponsored Plan Scheme "Improving tran..,;parency and accountability through Effective
Implementation of RTF being implemented by Ibis Depanment, Balance expeodimrc may be
met by the Ministries /depanmeus from their own funds, Caltral Public Authorities ma} send
detailed proposals as per proforma in 'Anaexure ur to Deputy Secretary (IR). Room No. 280,
North Block, New Delhi -110001. Telefax: 23093074, email osdrti-dom,�njc.i_n

6. The stacus of setting up of RTI Cells by nil Central Public Authorities may kj11dly be
intimated to this depanment by 3 ls, July, 2011

(K.G. Verma)
Director
TcJi2'Q92 I 58
I. All the MinistricslDcparunents of the Govemmem of India,
2. Union Public Service Commission/Lok Sabha Secrctariat/Rajya Sabha
Secretariat/Cabinet Secretariat/ Central Vigilance Commission I President's
Secretariat!Vice·Presidents's Secretariat/Prime Minister's Oflke/Planoing
Commis.sionfElectioo Commission.
3. Central lnformation Commission.
4. Staff Selection Commission, CGO Complex. New Delhi,
5. Office of the Comptroller & Auditor General of India. l 0, Bahadur Shah Zafar Marg,
New Delhi.
No.2/10/2010-CR.
Government of India
Ministry of Personnel. Pub4ic Gnevances & Pensions

-
Department of Personnel & Training

North Block. New Delhi


Dated 9"' July, 2010
OFFICE MEMORANDUM
Subject· Setting.up of Rll Cell In ttle Department of Personnel and
Training : Composition and functions.

In order to strengthen the system of RTI implementation in the


Department of Personnet and Training, a RTI Celt has been set up. The RTI
CeU sha" act as a nodal point for all RTI knplementation issues within the
Department. The Cell is hosted In the Administration Division end is headed
by Under Secretary(Admlnlstratlon) under overall supervision of
Dlredor(Administration).

2. The RTI CeV will perform the following functions:


i. The CeU wffl be a single reference point to receive appfieations,
appeals. comJMints and decisions of the Central lnf0<mation Comm\SSlon;

ii. The Cell wiU ensure uploading of all applications. and appeals received
by it on the RTI-MIS:

iii. AD replies to RJI requests and appeals will be despatched by R&I


Section through the RTI CeU. This wll include letters f0< deposit of additional
fee;

iv. The Ceo w;1 ensure uploading of al complaints and decisions of CIC on
the DMIS (computerized diary system):

v, The een wi-U segregate applications and appeals pertaining to life and
liberty and forward the same to the concerned CPIO without delay so that ·
they can be responded to within the lime frame specified in the Act;

v1. The Cell will transfer applications no\ pertaining to this Department to
the ooncemed public authotity;
vii. Coordination for the Department regarding:

• Proactive disclosures under Section 4.

• Systemic changes that can be introduced to reduce the


number of queries on a particular area/process;

• Formulation of FAQs on irif()(mation that can be acx:essed


from the Depariment�

• Information dissemination through the Information FacOaflon


Counter (IFC):

• Maintaining lists of CPIOs, FAAs and link officers;

• Annual Report of the CIC:

vii\. Preparation of periodfc monitoring reports regarding disposal of RTI .


request.s/Appeals and compliance of CIC instrudlons.

3. An concerned are requested to provide necessary cooperation to the


RTI Cell in discharge of its func1ions.
I 11 _f)
(Rrii}
DlrEl';tOr

Al the CPIOs.lofflcers/OeskslSections in Department or Personnel &


Training

Copy to:-

All the Appellate Authorities/Directors/OS of Department or Personnel &


1

T raining

Copy for informatlon to :·

1. EO&SS
2. AS(S&V)
3. JS{E)
4. JS(AT&A)
5. JS(Trg.)
6. JS(Vig)
7. Secretary, PESB
B. PPS to Sectetary(P)
IMMEDIATE
No.2/l0(2010·CR
Govemment ol lndla
Ministry of Personnel. Public Grievance, a. Pensions
Deportment of Personnel &. lra.lnlng
····-- Norlh aioc:k. New Deihl
Ooted H,� July, 2010
OFEICf M,eMOllANDU,M

Subject. Str�amUnlng RKeip\, Olsposol and follow-up of ltTI requ1nts and


Appeals.

l .o II is noted tho\ the ,ece1pl, loRow-up and monitoring sys1em fC)( RTL
requests and cppeots Is not s!reomflned which hos resulted in lole
dsposo of such requests ond on many occasions it hos olso invited
dspleosore of the Centrol lnformotlon Comm.ssionef [CIC).

2.0 An RTI Cell hos been set up unde< mo charge of US 1Admlnis1ra1lon} 10


coordinate dl won< relating lo cfapo�o\ of RTI reques1 and oppeos and
its f\Jnciions ncve been detoTied vide OM No. 2/10/2010-CR doted 91 ..
July. 2010. In ccntlouoton of lhe aforesaid OM detailed ll'\Structk:>ns for
deoTing wi1h RTI Requests ond appeals ore given here under which
need to be s::rupulously followed by all concerned.

3.0 Receipt of R11 Applcanoni

3. l IHI Requests ore received in this Deparimenl through following rneons:

lo] Direci receipt 1n the Cen1rol Receip (CR) Section:

(b) Olrectty received by 1he concemec CPIOs:

le) Received by Senior Officer!. as feie,eric.:: from oihor Deportnenls


or from other F>ub11c Authorittes especlolly. PMO ono Cablne1
Secrelorlot.

3.2 As soon cs any Rn opplicoUon 1s received by ony officer or in ony


office. It will be lmm@dla1ely sen1 to SO (RTI Cell). along witn the
payment if any. enclosed Th\$ wlll apply e"en to ,he oppllcotlons
received by the CPIOs.

3.J PTI Ce\1 w'II. nono'e tr.e oppl1c:J',·,ora ,r, ll"le 1011ow1r1g mcnnor.
(O) If on i?TI request does not concern DOPt. 11 would 1mmediolely be
se-ri 10 lhe concomed pub11c authority. Suell coses will be
finalized by US 1Admmis1rotlon), who moy consott Yl'ectc<
IAdmlnl$trOtlonJ os per need. However, such consvllol'.ion� $\"lould
be done on on urgent bcsls and not in o ,outne monrer.

(bl In case. information oerto'ns 1o DOPT and one othe' Publx:


Authomy, port Iha concerns the other Publk: Au1rority would be
transferred to them by RTI CeR ot the level ol US (Admm,stratlon).

tel In case. port of the information penoins lo DOPT and rernotnlng


port pertains to more lhon one Pub�c Auth0<lty, further processing
wiU be mode ontv regarding the part that concerns DOPl and es
pet existing lnsfructlons oppllcont wm be informed to make o
separate request lo concerned Pvb�c Auth°'111es at his/her own
level.

td) Rll CeU would e:x.om,ne thal correct fee (by correct mode) hos
been received. In case it is nol so. lhe oppllcollon wovld be
returned with the remelts thol II moy be resubmltteo o\ong with
correct fee {by correct mode}.

tel For oppficalion.s where correct lee ncs been svbm�led 1he lee 'Will
be ceoosnec by RTI Cell ond receipt obtained. Thei-eofter:

\I) If the RTI opp(1eolt0n concerns onty one CPIO i1 wouid be


rnorked lo the concemed CPIO olong with the fee receip1
otter making necessary enlrtes lnto 1he Rll-M1S. Tnereotter.
lhe oppTication would be hcndiec under the relevant
provisions of zn Act by the concemed CPIO.

lii) 11 the lnforrnotion sought ltom DoPT concerns more than one
CPIO. lhe orlginol application vtould be entered lnio me RT�
MIS and lhereotter, sepcrote copies would be marked lo
the relevant CPIOs who would then handle fhem cs
independent RTI application. In 1hese coses the fee rece'pt
Will be senl to the CPIO oeollng wilt\ lhe first oon of que.ry.

lifil In all cases o unique RTI Registronon number will be


generated. wt,r.ch ..,.,;� enable monllorlng till the application
ls disposed otl. In case, ports of one oppllcotioo is being sent
lo more than one CPIO, 1.mlque nurr.ber wn1 be generaled
IOI eoch ot lhe po-1s Hcwev�r. 1.-. sech coses nvm�ing
would oe such 1hal ii wculd be poss!bte 10 lin\: all lhe port.
together

'3.4 11 may be reneroled that vide Order No.2/3/2010-CR doted 7J6i2010 d


hos been laid down ,ho, no CPIO w111 refuse lo accept on opµicollon
which hos been rnorked to them by 1he Coordino1lon Section (now RTI
ceft\. Ir. ccse lhli happens. Rll CeU would ,mmedialely bring tlis to the
ooitce ol Olreclor [Admlnls1roilon} who will loi(e f1Jr1ner necessary
ac11on urgen11y and lf needed. brng it to the notice ot the higher
oothori�l9$ cs menllor1ed In \he ct(){esolci OfdeL Such ca•fl of refusal
by CPIO wotJld be viewed extremety senousty and may result in
dtsdpllnary action.

::ts However, In case a CP\O is g-enutnel'( oggne11ed wlth wrong marking of


on Rn request. he wll personcly bring lt lo the notice of o:tecloc
(Adminis1rotloo] who wil either refuse 1he request or agree to trO"'lsfer
f1n full or o pa1 ol) 1he Rl1 recoest te ano1he1 csic [s). II o change ls
made, the opplicofioi1 -..viii be routed again through Rll cell which wlU
rncke necessorv co«ections in 1he R'TI-MIS.11 ls. however. relteroled that
un the rlme the oppication [or o par1 hereof) � 1ronsfened lo another
CPIO by lhe IHI cet tne CPIO to wnom II wos origlnolly mcrked will
conlinue lo remain r�pOOS1ble.
4.0 Disposal ol RTI opplicati00$ by CPIO$

[al The concerned CPIO would handle the RTI reques1 cs per t"le
provsorn of the Ad/Rules and once the reply i$ ready io be 5�t.
entry wll', be 'mode in o the Rll-M1S and lhe reply would be
uploocied. An lntim01ion will outomolk:olly reach the Rll eel. as
soon cs the above is done. rm cell wnt not dispatch RTI letters I
repnes unless this lntlmot\on Is rec:elved lhrough the system.

[b} Afler relevon1 �ntry t mode in 1he Rll-MIS, the CPIO will iceep lhe
reply in �he envelope ond details of the RTI Reglstrolion no ond
r.o�ure of rep'y etc. would be ru;:,e.�cnbed on lhe erwe\o:>e.
Oitectcr- (Administrolion) wil be P{cviding specici envelopes
\caUed R1' envelop�) to ol\ CP\0$ end A.Af. and oil
correspondence wi1h opprconts w�I be mailed In lhe�e
anvetopes.
le I These envelopes --� be sent lo the RTI Celi who w1U he<eofte·
ensure dispatch of these replle1 through R&I eel os per lhE
eslcbished procedure and moke necesscsv entry into the �TI-MIS
regarding dispo1ch date and meons.

Id) lf1 order to ensUTe thcl the time flmi!s for disoosal oi opplicot1ons
ore met Cf'I05 (ono AAs) ore requred to send 1he repfies to Rll
cell at l�od 2 days belore the deadline.

le) II is poisible that add[lional lee is required o be paid before o


1eques1 con be entertained. The concerned CPIO w.JI make
relevant en1ry into 1he RTI-MIS which �vld result in o standard
letfer beu"lg genefoted tlvough the software giving full detois of
the Rfl query as well as additiooot fee lo be deposited. This letta
wll be sent lo RTI CeM 10!' fvrth&i dspotcb. Such odditionol tee
wnenever received (eithe• directly by tne CPIO or ttvovgh CR
Section} will again be sent to RTI CeD who will thereottsr deposit
his with the Cash Section and upooie tne RTl·MIS occordingiy.
Ihereotter. 1ne htimotion of receipt of additional lee will be sent
to the concerned Cf'IO for funner ocllon In lhe matter.

lfl 111 some coses. on intenm reply Is sent lo 1he copaccn . Although
these communlcot,ons ""111 olso be olspotched throvgh RTI Cel. no
entry ll'llo ll'le RTI-MIS wifl be mode regordng such inlerim repEes.

5.0 Receipt and Disposal of Im ApplKJb

The system fOf rece1vlng one handling the appeals will be simplEII' as 1n
such coses the name of lhe Appellate authority IAAJ is k.nown to the RTI
appticonl and no payment of fee ls Involved.

(o) ru and wtien on appeal Is received by on AA. s/he wiU noke


necessary entry 1nto the Rn-MIS and wi� hondte II as per the
provhlons of the Act/ Rules.

{bl II any appeal ls received directly in the CR Section Of by on otficer


who Is not lhe concerned AA, all such references will be sent lo
the Ril Ce1J who will make necessary entry into RTI MIS arid forwacd
if to the co-icemec AA for talcing necessov action.

[c] In case appeal is received through e-mail. o prinl oul wtl be token
and entry wal be mode into the RTI-MlS and thereafter rt wou1d be
handled Pke ony other appeal received through post
(di On dsposot of appeals procedure for handil'"lg them would be
fhe some es cero'led for disposo of Rn cooucotlons.

6.0 Monlioring of RTI appllc:otlons and appeals

Tir,,e l1mils hove been prescribed under the RTI oct ond rules regarding
disposal of RTI applications a:-1d apoeols and ol lhe CPIOs ond Ms ore
expected to adhere to them. RTI cell wouk: generate.

(o} Exceplion repoc1s of coses where deposol hos not been made
within 25 days of me rece,pl ol RT1 request ond appeals. These
would be posted on the lnlro-MOP. so thol JSs ond olher
wm.,
supervisOfY of11cel'S may also follow up the concerned CPIO.

lb) A monthly report of .oU RTI requests fece\ved ond dlsposed oft
dunng the moc1th with o comporolive pict\Jre. lnese reports will
also be posted on the Intro -MOP.

le) A quarterly report regarding disposal and receipls Including CPIO


v,ljse analysis of disposci

(d) Anr,voi Repor1s as prescribed by the CK:.

7.0 Tnis system ot centrottzed management of RTI oppUcotions/ oppeolis will


be lo!lowed by all divisions located in Nor1h Block. As for as offices
l�oted In JNU Comp\A (Tro•.nlng Dlvlsion} or Lok Noyok Bhawoo ore
concerned. they wUI conlinue to handle the RTI reques\s ond appeals
as per current onongemenls. However. all the applications and
appeals would neces�criy be entered lnto the RTI-MIS so that correct
plctvfe ot receipts and d'isposals for the depostrnent moy olwoys be
ossessed.
8,0 Then� irutructions wffl come Into affect hom 1 August 2010. Poor to thol.
briet training sessio"' will be organized by the RTI cell with \he
cooperation of NIC. to demorntra\e the woddng of lhe RTl·MIS one to
remove doubts, it any. obovl tho procedure detofled above.

9.0 1he,e ,n,t,vc,iora Issue with the oppeovcl o! secreiorv IPJ. �

{Horlsh Chonc:lerl
Undet Secrelory[Admn1
All the CPIO�/ohicers/Des.:s/Sectiom h Deoar!me-nt ol Personnel & lrainl'1g

Copy to t-

All the Appellote Autho,111�/Dlfeetors/DS of Dep0nr,en1 ot Personnel & lroini"lg

Copy tor intormot,on lo :-

l. EO&SS

2. AS(S&VI

3. .ISIE1
4. JS[Al&.A)

5. JSfTrg.)
6. .Sl\1g]
7. secretory, PESB

6. PPS to SecretoryjP)
Aonuun: •111•

Application Proforma
Centrally SponS.ON'd Scheme on Improving Tran.span!ocy and Accountability
i:n gonmmcot through dTct1ive implemcutatioa of
Right to lnfurmation

lvea item-wise information

A I
I Comnoru!nt for which assistance sou�ht Seffin2 ap of RTI Cell,
I

2 Public Authority (MinfDeptt/ Anached I Subordinate Offiee) I


B. DdaUs of losdtullub
I Name of the lnstitl.ltion I
2. I Particulaes of the lnstitmion
l Comolete oostal address

3 I Particulars of Nodal Officer I


i Name
ji Designation
Ill Tel and Fax. N<i. Clncludin'1. mobile No.)
IV 'E-mail id

C. Details of Exucodkun
l Date of Seltina uv ofRTI Cell I
I .
I

2. De1ails of items to be .,�

3. Detailed estimates of exeendhure . I


4. Total amount of imml reeuired

s. . CSPMS dttalb or Public Aotlorih'.

D. Documents reaulr«I
I Coov of order settine: eo the RTI C.eU

2 An undertaking that once the estimates of expendiwre are approved


as reasonable and the y-ant assessed on the basis of these estimates,
they shall not be modified by lhe institution without prior approval
of the sanctionina authority of the arant
1/12/2010-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-10001


Dated: 2.8.2012

OFFICE MEMORANDIM

Subject: Financial assistance for Setting up RTI Cells

The undersigned is directed to refer to O.M. of even number dated


19.5.2011 regarding setting up RTI Cells in the Public Authorities and a one time
grant of Rs.50,000 by DOPT for procuring a computer, scanner, printer, etc
under the Centrally sponsored scheme "Improving transparency and
accountability in the government through effective implementation of RTJ".

2 It is reiterated that Ministries/Departments desirous of availing the facility


of financial assistance mentioned above, may send their proposals in the
proforma enclosed to Director(IR), Room No.280, North Block, New Delhi-1 by
post or through email at osdrti-dopt@nic.in.

3. O.M. dated 19.5.2011 referred to above is available on the website of


DOPT (persmin > OMs & Orders> RTI)

(Sarita Nair)
Under Secretary to the Govt of India
Tel: 23040401/23092356

To

1. All Ministries/Departments of the Govt of India

2. UPSC/Lok Sabha Secretariat/Rajya Sabha SecretariaUCabinet


SecretariaUCVC/ President's SecretariaWice President's
Secretariat/PMO/Planning Commission/ Election Commission

3. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi

4. Office of the Comptroller and Auditor General of India, 10 Bahadur Shah


yfar Marg, New Delhi
� NIC Cell, DOPT with a request to upload this O.M. on the website
A1:innure 'Ill'

Applic.atiun rrofona11
Centrally Speascred Scheme on lmproving Transparency and Atcoun111bility
in gu�·crnmcnl throu,b fffcc:tiv<' i111pkmcotatioo of
Right to lnfonnation

Io be submitted in five copies.


The format ���.Cl.below should.��y�d on separnle sltee1s 6!"'.�n item-�i:;c informalicm
.��Pt>!i�_!.�ion in an i��p_lc)� fom1 will no..:1_ ..:.hc::.c.
. .::c.:.:n..:.:�..:.:rta�nal=
i --------------
·----- .. ··-·····-· -------····----------·
.. L L��·�ncnt fo��)i£� as�ist�nce.��I . �ning ap of RTI Cells
; 'j I p���oiit;-lMin/Deptl' Aiuct,cJ: Sub1Jrdi11.itc Offo;c)

. n.
T:=]
.;.. 1 _
Ditta Us or IDstitutl�- - .•.•.
N
.. ..;.;amc
_....._.... .: .�.:co;. ;.f_h:1 .:c:....c:n;.t :s_i"-
t u.t .;.;t";.:io"'n'------ .. ----------

==4.f�_.et���
2. Particulars of the lnsmution
posul �4_dr�--- ... ____..__ . I
3 Particulars of Nodal Officer
���g·, n_a_h_o
.; c _JI _._ �---�

iii Tel and Fax r-<1. (tm::luding mobile No.}


iv ' E-mail id

f:.! ..�!�.11� o'r E�p��d!tllr!_. .. --_·_------


·
I Oale of Settin� up ofRTI Ccl! _

:d Octa.ih: uf items to he pw�ured

.}:_ ·-· Deia_!!�.? e�timatcs orex���it-.:;ur""c�----,.------. _ . __ -------

:q�ias5.
amount of 11,rant �quired
CSrMS detail, of Public A11thority.
=--=- ·-·---------------.--.J.
_!>_:. ._. Documcolt rfgu-lrNI . ------------------
! <;'.�py of ��<kt �tting up_t�� .R.1:...-=Cc.
1 ;.;l""----------:----
I •. __ -·- .. - ···-·- .
An undertalin£. tha.1 once the esiimaies or expenditure are approved
as rell!lonable a.nil the grilnt assessed on the basis or these estimates.
l11ey shall OOl be modified by the institution without prior approval
..of the sanct!omng o�ihoriw of the gt��- .. ---------------
; •:. '• ... ,• ...
I' No.J.'l.:l!Ol•J·lK
Oo\·�r.l oflndla
Mi.,� .>rP:-r�tL":4 l'CJ :an:l l'o:�:cu.
Ccp�-.<:ot ofl'crso:,r.d & 1·,.,t-.iog
•••••
N,:,n'.1 3b,:t. New Delhi
Oo11td ·J-.¢ ;"' Juts, 2•)14

The wu�IDit"lr.d h ji�cux! t!, r::"!:r 1.:0 t),!� D�-tm::nt'.10:,.f ()f .:Nef. 11m",htr :t.!11:d
1�·.6s.:�m and <>1.08.1D12 n:t/1t:i!ng a "()I'.:: tirn.:. Sl"ln.t M ll�1·�•.N�(l!- t:y nnn fio'.r
JX'OZllr'..�8 :1 cc,:r.;mer. ::c:irmr. prlmr ese. 10\l,t.:O r.�1lln$ i:;i :.f Ri. C�I! fn ;:,e �.thUo
A.i1::1.1ti1.i� wll.Wr lb:: �1111i3.ll)· Sp.,ns.;NJ 'P'l:111 Sd1�11" (•pruvi.n¥ tra�p�n:ucy 11.ull
:w:ounb.btlily iu Gu,·::r-e:it ��,:� ,a,..�·:hdlllplem<.'.lll�Hiuu •f RTl'•

..
.,
d:�irou<i or ,.vailt-ne: ee f.:d'iri or fin.,rcitil :t\.�s1:ir1:.c: m::llfinn!CI ah.-.·,y;, �.,�· 1!1tm( t.l\C'.
pmp:·.:t1T.\ iii th:: l'l'l!�·ih!d f''l':'-:mia {:':l:cl.u:i:i;1 tr, T)iJN"urr (m)-. F.,,r.-i- Nc,,?7!l A, N1.1.1h.
etnd:, New 0?.'l'I I t-y ?,�!!I 01 tb1us}I e rn,in 111 t;:1hi c1�--.1�i.,.ir.. ',,.1-;:,-: .1,1,t-riittint, 1ho."l
111-u;,.�. a c.,;p, \li'!:,i: Vl�f fur s::1ti1� U(;' �ueo R'n Cell iJ1 lh� ?ubti.: :'l,o,nlloritr mcy d:;c be
r�,d

:3. 0.."1 .Jill� Ji.(.)>.:.:t•ll ,�kuoo t;. iw,,c u �.vi1.i.t:k .,t, u.e ...·��tc v.r von·
(i:11:,1-»w,ufr lu}, J)OYf �(I)(,� O,�it.-,> 8.Jli

G. > .
..:.,a)w..Q N1.1m.,·
(Silri::i K.if)
Uud:r Sctr:U.� � :be Gt;>\'�Ttlll,l.!t;t of ln�
tc'e: 2',1)41)4(11

...••
l. All mL'l:roioo' Dc�1mco:i. 1>C 0,;.·,1. 1.>r lmJi;i
� tl"PS<".: 1.6!. S3blu Sec1c1.vfa1.' t;)jya S.l'�l'!a secreuriev Cabio:1 S-x�::.if.a11 eve:
Pr.·,it.r,nr>$ S:-r.1r1: r-'fl/ '.'iee Pi�ider··,; �Mt:ri:u.: PM·'.'l,· Plan1f rrs C.:.11'11Dit,:k,r.'
::.h:div1: L'<1ur.!1,1i'S .-01)
;. St.lft'Sek;l:.(n CcrnJru�;i.1, (X.iO<:.,.mp!�x. LWtu !1.1.,1�.Ncw L:cthi
'1. on1�.1f:h! Ci:-mpr.r<iller:a.,d JI.L.Jil� Vl!OCf3.1 c.ffr:dia IC 6,dll.,j11r :-rAl Zlolli:t :.tllfil,
Nm;, n:,;1-:
/
.,�>:. NJC •'.'r.l. (!Qt'r'f w,ltl :1 TN'!ll:".'lr t,; 1,rlt'ltldthi• O.\f ;1r the v.ct>'litcC$ ;"MR':
A.nnexure ')II'

AppUcalioo Proforma
Cenrratty Sponsored Scheme on Improving Transparency and Accountability
in government through dftctive implementation of
Right to Information

To be submitted in Five copies.


The format aiven below should neatlv rveed on seearaie sheers e:iven item-wise information
Application in an incomelete form will not be entertained

A
I Comooneni for which assistance sou•ht Settino un of RT! Cells

2 Public Authority (Min/Depn/ At1ached I Subordinate Office)

B. Details of Instiuniou
I Nrune of the Institution

2. Particulars of the Institution


i Co,noletc oostal address

3 Particulars of Nodal Officer


i Name
ll Designation
iii Tel and Fax No. (Including mobile No.\
iv E-mail id

C. Details of Exocodirure
I Dale of Seuinz uo of RTI Cell

2. Details ofilcms to be procured

3. Detailed estimates of expenditure

4. Total amowu of Rmot required

5. CSJ'MS dttoUs of Public Authorih'.

D. Documents rtouirtd
I Coov of order sertina up the RTI Cell

2 ,An undertaking that once the estimates of expenditure are approved


as reasonable and the grant assessed on the basis of these estimates,
they shall not be modified by the institution without prior apprnval
of the sanctioning authoritv of the srant
Chapter-6
Transfer of Applications
S.No File no. Date Subject
1. 11/1 2/2008-IR 22/04/2008 Transfer of applications under the RTI Act, 2005
2. 10/2/2008-IR 12/06/2008 RTI applications received by a public authority
regarding information concerning other public
authority/authorities.
3. 10/2/2008-IR 24/09/2010 RTI applications received by a public authority
regarding information concerning other public authority
- authorities.
No.F. 11/12/2008-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
......
Department of Personnel and Training

North Block, New Delhi


Dated the 22"d April, 2008

OFFICE MEMORANDUM

SUBJECT: Transfer of applications under the RTI Act, 2005.

It has been brought to the notice of this Department that the Central Public
Information Officers of some public authorities transfer the applications received
under the Right to Information Act, 2005 to the Prime Minister's Office in a routine
manner when there is just a mention of the Prime Minister or the Prime Minister's
Office in the application. According to sub-section· (3) of section 6 of the RTI Act, if
an application is received by a public authority seeking an information which is held
by another public authority or which is more closely connected with the subject
matter relating to another public authority, the public authority receiving the
application should transfer the application to the concerned public authority. It may
be pointed out here that the Prime Minister's Office has been assigned the work of
providing secretariat assistance to the Prime Minister. After a decision is taken in a
matter, the Ministry/Department to which the matter concerns takes further action
regarding issue of orders etc. Naturally, the information in such cases would be
available with the concerned Ministry/Department and not the PMO. The CPIO
receiving the application should carefully see the subject matter in the RTI
application and transfer it, if need be, to the concerned public authority and not to
the PMO simply because the applicant has made a reference to the PM or PMO.

2. All the Ministries/Departments etc. are requested to bring the contents of


this OM to the notice of all the Central Public Information Officersc-·- .,
,.- ..

CSl?�)
verma )
( K. G.
Director
Tel. 2309 2158

Copy to:

1. All the Ministries/Departments of the Government of India


-: 2 :-

2. Union Public Service Commission/Lok Sabha Secretariat./Rajya Sabha


SecretariaUCabinet SecretariaUCentral Vigilance Commission/President's
SecretariaWice-President's SecretariaUPrime Minister's Office/Planning
Commission/Election Commission

3. Central Information Commission/State Information Commissions


4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi

6. All Officers/Desks/Sections, Department of Personnel & Training and


Department of Pension & Pensions Welfare
No.10/2/2008-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated: the 121h June, 2008

OFFICE MEMORANDUM

Subject: RTl applications received by a public authority regarding information


....,.
concerning other public authority/authorities .

It has 'oeen brought to the notice of this Department that requests are made to
the public authorities under the Right to Information Act for pieces of information
which do not concern those public authorities. Some times, such an information is
sought, a part or no part of which is available with the public authority to which the
application is made and remaining or whole of the information concerns another
public authority or many other public authorities. A question has arisen as to how to
drsal with such cases.

2. 'Section 6(1) of the RTI Act, 2005 provides that a person who desires to obtain
any in formation shall make a request to the public information officer (PIO} of the
concerned public authority. Section 6(3) provides that where an application is made
to a public .authority requesting for -any "information which is held by another public
authority or the subject matter of which is more closely connected with the functions
of another public authority, the public authority to which such application is made,
sha II transfer the application to that other public authority. A careful reading of the
provisions of sub-section (1) and sub-section(3) of Section 6, suggests that the Act
requires an information seeker to address the application to the PIO of the
'concerned public authority'.· However, there may be cases in which a person of
ordinary prudence may believe that the piece of information sought by him/her would
r.e available with the public authority to which he/she has addressed the application,
'out is actually held by some another public authority. In such cases, the applicant
.makes a bonafide mistake of addressing the application to the PIO of a wrong public
authority. On the other hand where an applicant addresses the application to the
PIO of a public authority, which to a person of ordinary prudence, would not appear
to be the concern of that public authority, the applicant does not fulfill his
responsibility of addressing the application to the 'concerned public authority'.

. ... 2/-
-: 2 :-

3. Given hereinunder are some situations which may arise in the matter and action
required to be taken by the public authorities in such cases:

(i) A person makes an application to a public authority for some information


which concerns some another public authority. In such a case, the PIO
receiving the application should transfer the application to the concerned
public authority under intimation to the applicant. However. if the PIO of the
public authority is not able to find out as to which public authority is concerned
with the information even after making reasonable efforts to find out the
concerned public authority, he should inform the applicant that the information
is not available with that public authority and that he is not aware of the
particulars of the concerned public authority to which the application could be
transferred. It would, however, be the responsibility of the PIO, if an appeal is
made against his decision, to establish that he made reasonable efforts to
find out the particulars of the concerned public authority.

(ii) A person makes an application to a public authority for information, only a


part of which is available with that public authority and a part of the
information concerns some 'another public authority.' In such a case. the PIO
should supply the information available with him. and a copy of the application
should be sent to that another public authority under intimation to the
applicant.

(iii) A person makes an application to a public authority for information, a part of


which is available with that public authority and the rest of the information is
scattered with more than one other public authorities. In such a case. the PIO
of the public authority receiving the application should give information
relating to it and advise the applicant to make separate applications to the
concerned public authorities for obtaining information from them. If no part of
the information sought, is available with it but is scattered with more than one
other public authorities, the PIO should inform the applicant that information is
not available with the public authority and that the applicant should make
separate applications to the concerned public authorities for obtaining
information from them. It may be noted that the Act requires the supply of
such information only which already exists and is held by the public authority
or held under the control of the public authority. It is beyond the scope of the
Act for a public authority to create information. Collection of information, parts
of which are available with different public authorities, would amount to
creation of information which a public authority under the Act is not required
to do. At the same time. since the information is not related to any one
particular public authority, it is not the case where application should be
transferred under sub-section (3) of Section 6 of the Act. It is pertinent to
note that sub-section (3) refers to 'another public authority' and not 'other
public authorities'. Use of singular form in the Act in this regard is important
to note.
. ... 3/-
-: 3 :-

(iv) If a person makes an application to a public authority for some information


which is the concern of a public authority under any State Government or
the Union Territory Administration, the Central Public Information Officer
(CPIO) of the public authority receiving the application should inform the
applicant that the information may be had from the concerned State
Government/UT Administration. Application, in such a case, need not be
transferred to the State Government/UT Administration.

4. Contents of this OM may be brought to the notice of all concerned.


Director

1. All the Ministries I Departments of the Government of India

2. Union Public Service Commission/ Lok Sabha Sectt.l Rajya Sabha


Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.

3. Central Information Commission/State Information Commissions.

4. Staff Selection Commission, CGO Complex, New Delhi

5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.

6. All officers/Desks/Sections, Department of Personnel & Training and


Department of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs.


No.F.10/2/2008-lR
Government of India
Ministry of Personnel. PG and Pensions
Department of Personnel & Training
••••••
North Block. New Delhi
Doted September 24, 2010

OFFICE MEMORANDUM
Subject> RT! applications received by a public authority regarding information concerning
other public authority/authorities .
.......
The undersigned is directed to refer to this Department's OM of even number doted
12th June. 2008 on the above noted subject, clause fiii) of pcro 3 of which provides that if a
person makes an application to the public authority for information. o port of which is
available with that public authority and the rest of the information is scattered with more
than one other public authorities. the Public Information Officer f PIO) of the public authority
receiving the application should give information relating to it and advise the applicant to
make separate applications to the concerned public authorities for obtaining information
from them. It further provides that if no part of the information is available with the pub�c
authority receiving the application but scattered with more than one other public
authorities. the PIO should inform the applicant that information is not available with the
pubfic authority and that the applicant should make separate application to the concerned
public authorities for obtaining information from them.

2. The matter hos been examined in consultation with the Chief Information
Commissioner, Central Information Commission and ii hos been decided to advise the PIOs
that if the details of public authorities who may have this information sought by the appHcant
ore available with the PIO, such details may also be provided to the applicant.

3. Contents of this OM may be brought to the notice of oll concemed.

8� fK.G. Verma)
Director
Tel. 2309 2158

1. All the Ministries/Deportments of the Government of Indio


2. Union Public Service Commission/Lok Sabha Secretoriot./Rajya Sabha
Secretariat/Cabinet Secretariat/Central Vigilance Commission/President's
-: 2 :-

3. Secretariat/Vice-President's Secretariat/Prime Minister's Office/Planning


Commission/Election Commission
4. Central Information Commission/State Information Commissions .
5. Stoff Selection Commission. CGO Complex, New Delhi
6. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg.
New Delhi
7. All Officers/Desks/Sections, Deportment of Personnel & Training and Deportment of
Pension & Pensions Welfare

Copy also to: Chief Secretaries of all the Sates/UTs


Chapter -7
Implementation of various provisions of the Act
S.No. File no Date Subject
1. 1/12/2007-IR 31/07/2007 Preparation of Inventory of Public Authorities under RTl
Act, 2005.
2. 1/4/2006-lR 21/02/2006 Implementation of the various provision of the RTl Act,
2005.

3. 1/2/2007-lR 23/03/2007 Non-Implementation of various provisions of the RTI Act,


2005 by public authorities – regarding
4. 4/10/201 1-IR 18/05/2011 Strengthening Implementation of the Right to
Information Act, 2005.
5. 4/8/201 1-lR 20/05/2011 Laying of Annual Reports of the Central Information
Commission before the Houses of Parliament.
No.l/12/2007-IR
Government of India
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel and Training
********
New Delhi, the 31 '1 July, 2007

OFFICE MEMORANDUM

Subject: Preparation of Inventory of Public Authorities under RTI Act, 2005.

The Second Administrative Reforms Commission in its I 'irst report has


inter-alia made the following recommendations:

(i) At the Government of India level, the Department of Personnel & Training ha'>
been identified as the nodal department for implementation of the RTJ A<'t.
This nodal department should have a complete list of all Union
Ministries/Departments, which function as public authorities.

(ii) Each Union Ministry/Department should also have an exhaustive list of all
public authorities, which come within its purview. The public authorities
coming under each Ministry/Department should be classified into (i)
constitutional bodies (ii) line agencies (iii) statutory bodies (iv) public sector
undertakings (v) bodies created under executive orders (vi) bodies owned,
controlled or substantially financed and (vii) NGOs substantially financed by
Government. Within each category an up-to date list of all public authorities
has to be maintained.

(iii) Each public authority should have the details of all public authorities
subordinate to it at the immediately next level. This should continue till the
last level is reached. All these details should be made available on the
websites of the respective public authorities, in a hierarchical form.

(iv) A similar system should also be adopted by the States.

2. The Government has considered the above recommendations and decided to


accept the same. A list of all Union Ministries/Departments has already been
posted on the RTI Portal (www.rti.go\.in). All the Ministries/Departments are
requested to prepare an exhaustive list of all the public authorities under them.
These authorities may suitably be classified into attached offices, subordinate
offices, autonomous bodies, public sector undertakings, constitutional hod its.
statutory bodies etc. The Ministries/Departments may also prepare the list of
NGOs which receive grant from them and faJI within the definition of 'public
authority'. The lists of public authorities so prepared may be uploaded by the
concerned Ministries/Departments on the RTI Portal and kept updated.

3. It is also requested that the Ministries/Departments may issue instructions to


all the public authorities under them to take action as per the recommendation of
the Administrative Reforms Commission contained in clause (iii) of para l above,

�/) (K.G. \tcmiaJ


Director
To

I. All the Ministries I Departments of the GO\ ernment of Jndia


2. Union Public Service Commission/ Lok Sabha Sccu.z Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigilance Commission I President's Secretariat·
Vice-President's Secretariat/ Prime Minister's Office/ Planning ( ommission
Election Commission
3. Staff Selection Commission. CGO Complex, New Delhi
4. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah /a :1r
Marg, New Delhi.
S. All officers/Desks/Sections. Department of Personnel & Training and
Department of Pension & Pensioners Welfare.

Copy Lo: Chief Secretaries of all the States/UTs It is requested that necessary
action may be taken to implement the above referred recommendations of
the Administrative Reforms Commission in their States/U'Is.
Most Immediate
Time Bound

F.No.1/4/2006-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi Dated '!�February, 2006


.z>:
J ls-t-
OFFICE MEMORANDUM

The undersigned is directed to say that the Central Information


Commission, on the basis of suggestions and complaints received from
members of public, has desired that the following steps should be taken by
Ministries/Departments regarding the Right to Information Act, 2005
within individual jurisdiction.

1. The PIOs, APJOs and Appellate Authorities are placed in all


public authorities set up from Ministry's/Department's budget or
under administrative control of Ministry/Department, if they are
not already there.
2. Furnishing to the Central Information Commission the details of
nodal officer appointed for implementation of the Act and the
complete list of PIOs/APIOs and the Appellate Authorities
alongwith their contact details, namely addresses, phone
numbers, e-mail addresses and fax numbers.
3. Steps be taken to enable people to file their applications by post.
To make this easy, awareness should be generated through print
and electronic media regarding the name of the bank account into
which the demand draft or bankers cheque should be accepted.
The particulars of these bank accounts should be furnished to the
Central Information Commission.
4. Some Ministries/Departments have appointed several Public
Information Officers having different jurisdictions. In such case a
clarification may be issued to the effect that application can be
received by any PIO whose duty it would be to direct it to the
PIO concerned under intimation to the applicant.
5. In case a person writes directly to the Head of Department/Office
enclosing the required fee, it should be ensured that application
reaches the proper PIO under intimation to the applicant.
6. The Right to Information Act, 2005 does not provide for any
formal application form for acquiring access to information. The
Act also states that request for information can be sought 'in
writing or through electronic means ........ ' therefore, application
for information on plain paper are also to be received and replied
within the prescribed time limit.
7. Section 6(2) of the Right to Information Act, 2005 states that no
person seeking information snail be required to give any reason
for his request. Therefore, necessary orders may be issued to all
the officials in the Ministries/Departments/Public Authorities to
comply with the directives of the Act and not to ask unnecessary
questions from complainants/applicants.

It is requested that action on the above points may be taken at the


earliest and a compliance report sent to the Central Information
Commission by 24/2/2006.

(C.A. Subramanian)
Deputy Secretary to the Government oflndia

To�
'flMinistries/Departments

Copy to
�S to Secretary (P)
.�oJS(AT&A)
\,/PS to JS(E)
��mn.)
�I Direc�or/Deputy Secretaries/Section in thethis Minsitry
I .1'.111/2/2007-11(
(luvernmem ol hull.i
Mini�tl') ol l'ervonnel, 11uhlic C ,ric\ uncc-, ,111d l'cns1<11H,
l>c11.111mcnt (II l'cr,1111111:l nnd l r.iininv

Nurth Bl�I.: NC\\ Dclh]


I >,111•,1 :13 �l.irch, W117

011 KI Ml MUl{AJ',IJJL \I
'>uhjr,t: Non·implc111,:nt"ti110 of ,111 h111� r111vi�11111\ 111' th,: Rn ,\d, ino� h) puhli,
nu1hor11ic)· rci;arJin11

Ii) \11111c 1,11bl11: l1Utlmrit1c� huve m,t dc,i1i111.11cd Public 111111111111111111


Of Iker, ,11111 or A ,�i,111111 Puhl ii: lnfor111nli1111 Olh,cri, under Che Ri11ht
Illlnlormeuon A1.I, '.'005 Ml fol
Iii) ,,,me 1111hlk 11uth1110ln i.111 1101 ucn'.pt Ice- b) \\11) of lnJinn 1'11\IIII
Oukr·
(iii) ",11111c publu; n11thmlt11•, du 1h1t 111;1:1•p1 dcm,111J dr,11li.1l•anl.1·1:-.
chequc . lndi.ln 1111,tnl Or,lc" drit\\ 11 in th, name ot chcir ,\1.'\llllnt,
Ollkcr uni.111\\hl thnt the)c ,h1111IJ be druwn 111 the n.1111c ol l>i.t\\1111!
und 1)1,hur�11111 Ollkc1 rn the I 11dc1 \r,rct.11> 111 the Sc.ti1111 !11111:cr
etc ,1111.I
(Iv) Some i,ubli" uuth1111tk\ do not 111:1:t:pl ,1pplk.11w11) i.uhnuncJ h> the
,11111lk,1nt und in,i,1 that 11pplic111lu11 for ,ecking inlvrmation should he
M1b111111cd in u partlcuhu lhrm111 prcxcnbcd h) them,

" Atll:ntinn is irn i1ctl tu ,uh-,cc1(11n (I) ul �cct11111 \ of the ,�1. wlucn p11•\ ilk�
1hu1 ·•c,cr) public .iuthl•1 ti)' ,h11II tlc�i1i1n111c lluhlk l11fo11n;i111111 Olfacrs 111 nil
.1dm111iMra1h c unit\ or ullke, under It w [thlu one hundred 1for� of the enactment of
the Act, l.ikc wi�c �uh-,c�t1nn 0) nl ,��lion , ol the .\,1 '"'" idc� 1h111 c,cr) puhli.:
n111h11rlt) �hnll J,•,;111111111.' ,rn oltlccr n• l\�\l\lunl l'uh le lnlo1111�11, 11 UlliH·r ,II each
)llb·i.li\ i,i11nul h:, cl \\1111111 one humhed du)� 111 the c11ud111cn1 of thc Ad Morc thun
n ) c,11 1111' p,l\\t:d ,1111 c tlw \1:1 \\n� \'1111\ t,•d Nnn·d�·�iy11,1ti1,n nl l'uhlil; lnh1111111tion
Cll lkcr( I nnd '111 ,\�si,1.101 f'uhll\ lnli11111ut l1111 DI lkl.'r(s) h) 1111) puhl1\' uurliurll)
\111111o1"'"C) the i,ro\ bions 111 the '\1:1

.,. ,\n:ord1111i1 tu the Riyht tu lnlurnuulun (l{c�ulnti1111 nl I c1· and ( 11•,1) Ruic�.
21111� u� umended h) the Ri11ht 111 lnformmlnn (l{c�111l11111,n ,11 Fee ,11111 (\hl) kules,
:Wll6, the approved IIHXlc of J'U)lllCIII Of let: 1111 11l1t.tllllllf i11h•1mal11111 I b\ �,l)h or
i.lcmanJ dr,111 or b;inl.:cr·., cheque u1 lmlinn ilo\1,11 Ordrr r:i�nhlc ht !hi) ,\,,011nb
Ollkcr ut the ruhh-= nuthruitv. N1111 11,,�·pt.111n· uf l\•1: h> \\II) ,,t lnJ11111 l111�t11l <>r,k,
,,, invi-.tence Iii.ti the drrn.11111 1lrnll hilnl.i:r\ cheque l11Jia11 l'u�t.11 < hJcr �houl1I he
drawn n the nnme of all) ottlcer other tlmn the Accnunu Olfkcr 111 the puhlic
,1u1l11•11t\ is 11111 in line w 11h the pruv l�i1,11!\ 111 the Rule-
4. Section 6 (I) provides that a person. who desires to obtain an) information
under the Act, shall make a request in writing or through electronic means in English
or Hindi or in the official language of the area in which the applicauon is being made
The Act or Rules notified b) the Go, ernment do not pre-cnbe an) format of
application for seeking information. Non-acceptance of an arr icauon on the ground
that it is not in prescribed format is against the pro, is ions of the Act.

5 In view of above facts. all the public authorities mil) ensure that.-

(i) Central Public Information Officers Central Assistant Public


Information Officers are designated immediately, if it has not been
done so far. Details of these officers ma) also be posted on the
website:
(ii) Fee paid b) an) of the modes prescribed in the Rules including b) way
of Indian Postal Order is accepted:
(iii) Demand draft. 'Banker's Cheques/TPOs made payable to the Account
Officer of the public authorities are accepted: and
(iv) Applications submitted b} the applicants are not refused on the ground
that it has not been submitted i 11 prescribed format.

6. Contents of this 0\1 ma) be brought to the notice of all concerned.


�,)A-��

(K.G. Verma)
Director

To

All Ministries Departments of Government of India.


2. Department of Economic AfTairs (Banking Division). Ne,, Delhi
3. Department of Economic Affairs (Insurance Division), :--e,, Delhi
4. Department of Public Enterprises, Ne,, Delhi
5. Railway Board
6. Union Public Sen ice Commission I Supreme Court of India/ Election
Commission Lok Sabha Secretariat I Rejya Sabha Secretariat Cabinet
Secretariat Central Yigitance Commission President's Secretariat
Prime Minister's Office Planning Commission.
7. Staff Selection Commission. CGO Complex, Lodlu Road. ;,..;e" Delhi
8. Office of the Comptroller&. Auditor General oflndia. 10. Bahadur Shah
Zafar Marg. Xew Delhi
9. 200 spare copies.
No.4/10/2011-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Train ins

North Block, New Delhi


DaLed: 18'11 May, 2011
OFFICE MfMORANDUM

Subject: Strengthening Implementation of the Right to Informerion Act.


2005.
• ••

Central Chief lnformeuon Commissioner has made a reference to the


Cabinet Secretary making several suggestions for effective implementation of
the Right to Information Act. 2005. It has been decided in consultation with
the Cabinet Secretariat thal following actions shall be undertaken by all
Mi.nistriesJDepan:mentslAttached Officc:slPSUs nf Central Government to
strengthen the implementation of the RTI Act

a) In the AMual reports of the Central Ministries/Departments and other


attached/subordinate oflices/PSUs, a separate chapter shall be
included regarding imptemenwion of the RTI Act in their respective
offices. This chapter should detail the number of RTI applications
received and disposed off durinQ the year, includinQ number of cases
in which the information was denied ln addition to the above, efforts
made: to improve the implementation of the: Act in their respective
offices, including any innovative measures that have been undertaken.
should also be listed. This 1s lo be ensured for Annual reports for the
year 2011-12 onwards.

b) Each Ministry/Department should organize atleast a half day training


programme for all CPJOs/Appcllate Authorities (AAs) every year to
sensulze them about their role in implementarion of the RTI Act. The
eeneemed Ministries/Depa.rtrriems shall easure tbfll similar
programmes arc organized for aJl CP!OslAAs of aJI
attached/subordin,uc offices and PSUs under their control as well

c) All public authorities who have a web site shall publish the details of
monthly receipts and disposal of RTI applications on the websites.
This should be implemented within IO days of the close of the month.
Ministries/Depanmcnts would ensure that these instructions Me
communicated to their attachelifsubordinate offices as well as PSUs
immediately. Monthly reporting on the above pattern should begin
latest by lOa. July, 2011 for the month of June, 201 I and thereafter
continue on a regular basis.
- 2 .

2 AJI the Mimstrics/Dcpartmcots arc requested 10 take action as above


and also to ensure that 1hcse instructions are communicated to their attached
and subordinate officesfPSU s for compliance,

(KG.Verma -
Director
Tel. 1.3092158
I. All the Manistries/Dcpanmcnts of'the Governrnent of India.
2, Union Pubhc Service Commission/Lolc Sabha Secretariat/Rajya Sabha
Secretariat/Cabinet Secretaa'iatJ Central Vigilance Commission I
President's Secre1ariat/Vice-Pre:iidcnts 's Secretariat/Prime Minister's
Office/Planning CommissiooJElcction Commission
3. Central Information Commission/State Information Commissions,
4. Staff Selection Commission. CGO Complex, New Delhi.
S. Office of the Comptroller & Auditor General of India, I 0, Bahadur Shah
Zafar Marg, New Delhi.
6. All Officcrs/OesksJScctions. Department of Personnel & Training and
Department of Pension & Pensions Welfare.
7. Secretary (Coordination}, Cabmet Secretariat, for infonnation

Copy to: l. Chief Secretaries of all the States/lrfs.


2. State Information Commlssioaers
No.4/8/20 L l-CR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Deihl


Dated: 20111 May, 2011
OFFICE �fEMORANDtJM

Subject Laying of Annual Reports of the Central Information Commission


before the Houses of Parliament.

•••
The undersigned is directed to refer to Section 25 of the Right to Information
Act, 2005 which provides that the Central lnfonnation Commission shall prepare a
report on the implementation of the provisions of the Act each year, which the
Central Government would lay before each House of Parliament. Each
Ministry/Department is responsible to ensure that necessary information in relation
to preparation of the Report is sent to the Central Information Commission by all
public authorities within its jurisdiction in time. The Central Information
Commission has developed a web based system through which the public
authorities may upload the Annual Return on the website of the Commission
direct The software developed by the Commission is known as the R11 Annual
Report Information System which is accessible on the website fil"W.cic.g_ov.in.
The information has to be posted on quarterly basis.
2. It has been observed that a number of public authorities do not upload the
Annual Return in time on the system. rt results in the delay of the preparation of
the Annual Report and consequently in laying the Report before the Houses of
the Parliament.
3. All the Ministries/Departments ore requested to ensure that the quarterly
returns of all public authorities under their jurisdiction is uploaded on the Annual
Report Information System referred to above in time every year. The final Return
for the year should be uploaded latest by the I 5111 April of the subsequent financial
year. The public authorities who have not uploaded their final returns in respect of
the year 20 l 0-1 I may upload the same on the website latest by 30°' June, 2011.
4. It has also been brought lO the notice of this Department that some
Ministries/Departments have not registered all the public authorities under their
jurisdiction with the Central Information Commission. lt results into non-inclusion
of the complete information in the Annual Report. All the Ministries/ Departments
are requested to ensure that all public authorities under their jurisdiction are
registered with the Commission and they alt post requisite information on the
website referred to above regularly.

(K.G. Verma)
Director
Tel: 23092158

1. All the Ministries I Departments of the Government oflndia


2. Union Public Service Commissioo/ Lok Sabha Sccrt.l Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/
President's Secretariat/ Vice-President's Secretariat/ Prime Minister's
Office/ Planning Commission/Election Commission
3. Staff Selection Commission, COO Complex, New Delhi
4. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
5. All officers/Des.ks/Sections, Department of Personnel & Training and
Department of Pension & Pensioners Welfare.
6. Central information Commission. August Krami Bhswan, Bhikaji Kama
Place, New Dellii

Copy lo: Chief Secretaries I Administrators of all the UTs for necessary act-ion.
Chapter-8
Clarification regarding ‘Information’ to be provided

S.No. File No. Date Subject


1. 11/2/2008-IR 10/07/2008 Clarification regarding format in which information
should be supplied under the RTI Act, 2005.
2. 11/2/2013-IR 14/08/2013 Disclosure of personal information under the RTI Act,
(Pt.) 2005.
3. 1/32/2013-IR 17/02/2015 Guidelines for Public Information Officers/First
Appellate Authorities for supply of information and
disposal of first appeal respectively – reiteration of
4. 10/1/2013-IR 6/10/2015 Format for giving information to the applicants under
RTI Act- issue of guidelines regarding.
No.11/2/2008-IR
Government oflndia
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated: the 10th July, 2008

OFFICE MEMORANDUM

Subject: Clarification regarding format in which the 'information' should be


supplied under the RTI Act, 2005.
****

It has been observed that some people under the Right to Information
Act, 2005 request the Public Information Officers (PIO) to cull out information
from some document(s) and give such extracted information to them. In some
cases, the applicants expect the PIO to give information in some particular
proforma devised by them on the plea that sub-section (9) of Section 7 provides
that an information shall ordinarily be provided in the form in which it is
sought. It need be noted that the sub-section simply means that if the
information is sought in the form of photocopy, it shall be provided in the form
of photocopy and if it is sought in the form of a floppy, it shall be provided in
that form subject to the conditions given in the Act etc. It does not mean that
the PIO shall re-shape the information.

2. According to section 2(f) of the Act 'information' means 'any material in


any form'. A citizen, under the Act, has a right to get 'material' from a public
authority which is held by or under the control of that public authority. The
right includes inspection of work, documents, records; taking notes, extracts or
certified copies of documents or records; taking certified samples of material;
taking information in the form of diskettes, floppies, tapes video cassettes or in
any other electronic mode or through printouts where such information is stored
in a computer or in any other device. Careful reading of the definition of
'information' and 'right to information' makes it clear that a citizen has a right
to get the material, inspect the material, take notes from the material, take
extracts or certified copies of the material, take samples of the material, take the
material in the form of diskettes etc. The PIO is required to supply such
material to the citizen who seeks it. The Act, however, does not require the
Public Information Officer to deduce some conclusion from the 'material' and
supply the 'conclusion' so deduced to the applicant. The PIO is required to
supply the 'material' in the form as held by the public authority and is not
required to do research on behalf of the citizen to deduce anything from the
material and then supply it to him.

3. Contents of this OM may be brought to the notice of all concerned.

(K.G. Verma)
Director
1. All the Ministries I Departments of the Government of India
2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/
President's Secretariat/ Vice-President's Secretariat/ Prime Minister's
Office/ Planning Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
6. All officers I Desks I Sections, DOP&T and Department of Pension
and Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs.


- -----�

No. 111212013-IR (Pt.)


Government of India
Minisiry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

Norch Block, New Delhi,


Dated thef�th August, 2013

OFFICE MEMORANDUM

Subject: Disclosure of personal information under the RTl Act, 2005.

The Central Information Commission in one of its decisions (copy enclosed)


bas held rbat informa1ion :ibout the complaints made ngGinst an officer of the
Govenunent and any po$Sible action the authorities might have taken on those
complaints, qualifies as persoll3l informa1ion within the meaning of provision of
section 8 (l) (j) of the RTI Act, 200S.

2. The Central Information Commission while deciding the said case has cited
the decision of Supreme Cowt of India in the matter ofGirish R. Deshpande vs. CIC
and others (SLP (C) no. 2773412012) in which ii was held as under:·
"The puformanct of an tmployre/Ojf,cer In an organisation Is primarily a matter
between th« tmplo�e and the emploiwr and normally those aspects are governed by
tM servic« rules which fa/! undtr the espression 'persuna; infor111111ion ·, the
disclosure of which has no relationship 10 uny pub/le activity or public Interest. On
the othu hand. tht disclosure of which could caus• unwarranted invasion of the
priwu:y of that individual.•· The Supreme Court further held that such information
could be disclosed only if it would serve a larger public interest.
3. This may be brought 10 the notice of all concerned.

Encl: As above.
;t1� "] �"'� !.
(Maf(oj Joshi)
Joint Secretary (AT&A)
Tel: 23093668

i. Ali the M.inisllies I Departments of the Government of India.


2. Union Public Service Commission /Lok Sabha Secretariat/ Rajya Sabha
Secretariat/ Cabinet Secretarial/ Central Vigilance Commission/ President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/ State Information Commissions.
4. Staff Selection Commission, CGO Complex. New Delhi.
5. Olo the Comptroller & Auditor General of India, IO. Bahadur Shah Zafar Marg,
New Delhi.
6. AU oflicersl�sks/Sections. DOP&T and Depanrneru of Pension & Pensioners
Welfare.
r•

.
. )
C,entral tnformation Commission. New Oelhf
Flle No.CICISMIA/2013/000058
RighJ to lntormatioQ Act·2QOS�Undcr Se:s;tion (19)

Dale of he.iring 26/0612013

Date of decision 26/0612013

Name of lhc Appellanl Sh. ManoJ Arya,


(RTI Acllvlsts and Social Worker) 67, Sec·
12, CPWD Flats, R � Puram, Now Delhi
·110022

Name ol the Public AU1horlty Central Public Information OHicer,


Cabinet Secretariat,
(Vigilance & Complaint Ce!Q, 2nd Floor,
Sardar Patel Bhawan, New Delhi ·110001

The Appellant was not present in sptte ol notice.

On behalf of the Respondent, Shrl M.P. Sajeevan, OS & CPIO was


present.

The third party, Shri SB Agnihotri, OG (DEF. ACO) MoD was present.

Chief Information Commissioner Shri Satyananda Mishra

2. We heard the submissions of both lhe respondent and the third party in

the case.

3. In his R11 application, the Appellant had sought the copies of the

complaints made against the third party in the case and the details ot the action

taken including the copies of the enquiry reports. He had also wanted the

copies ol the conespondence made between the Cabinet Secretariat and the

Ministry of Shipping in respect of lhe third party in the case. The CPIO after

consulti:'IQ the third perty under Section 11 of the Right 10 Information Act, had
'Q

r refused to disdose any such information by claiming that it was personal in

nature and thus exempted under the provisions al section 8(1) O> ol the Right to
lnfo,maft"'ln (RTJ} Act. Not sat):;lied with this 00.'.'.Asaon of the CPK), the �lant
... -.

had pielerred an appeal. The Appellate Authority had disposed c! the appeal in

4. We have carefully gone thr<XJgh lhe contents cl the RTI applicalion and

the order cl the Appellate Authortty. We have also considered 1he sJbmissions

of both the respondent and the third party in the case. The ent11e infor:naoon

sought by the ApPellant revolves around the complaints made againSI an olficer ,

of the goverrvr.e<11 and any possible action the authorities might have taken on

those compfain:s. The Appellate Author�y was ve,y right in deeding that th!S

entre class ol lnlormation was qualilied as personal intormation wrtt..n the

meaning ol the p,ovisions of Section 8 (•) (j) of tho RTt Act In this co,neet.on, ii

rs very pen,nent 10 .cite the decision ot the Supreme Coun ot lnd:a 1n Ille SlP(C)

No. 27734 of 20!:? (Girish Cl, Ooshpandcvs CIC and omers) ,n whch,t has held

that "lhe perfatmance 01 an employeetOHloer In an organisation ,s pnmarlly a

mar.or between the employee and the ema:,toyer and normally those aspeas

are governed by the service ,utes whicn !all under the expressoon pe,sonal

1n1otma1ion, the dlsclosure ol wh,ch hos no relationship to any public ac1Mly Of

public inierest. On the other hand, the dlsclcsuro or whocl'I could ca1JS0

unwarrented ,nvosion of the privacy al that lnd1v1ooa1: Tt\B S\Jptcmo COOi!

further held that such Information could be disclosed only ii ,1 woold se,ve a

laiger pubhc interes1)The lnlorma\lon sougnt by the Appellant In this case is


aboul some complalnts made against a gov0<nment olfoclaJ and atty possible

actio� the aulho(Ries might have taken on those complaints. II is. thus, clearly

lhe kind of inlormalion which is envisaged in the above Supreme Court or:ler.

Tneretore, the information Is comple1ety e•empted from oisciosure under lhe

p,ov!sions of the RTI Act which both tne CPIO and the Appellate Authority have
nghrty cited in tneir respective orders.

5. We find no grounds to in1er1ere in the order of the Appe�lale Authority.

The appeal is reje<:ted.

(Satyananda Mishra)
Chiel lnlo,mallon Commissioner

Autt1ent1ca1eo tNe copy. Addilional copies o1 ordocs s.Ufl be supp.ied agaln5t


a;,i,ic.ihon ano payment ol tne ctiarges p<esa\bod under the Act to lhl CPIO ol lhl$
C,ommisstOn.

(Vljay Bhoft1)
Deputy Rliistrar
F.No. l /32/2013-IR
Government of India
Minisfry of Personnel. Public GrievarlCes & Pensions
Deportment of Personnel & Training

North Sloclc. New Delhi


Doted: the 17"'febructy. 2015

OFFICE MEMORANDUM

Subject: Guidelines for Publle Information Officers/first Appellate Authorities for


supply of information and disposal of Orsi oppeol respectively- reiteraUon of

Section 26 of tne RTI Acl requires lhe Government to corfl)Ue o guide


containing such Information, in on easily comprehens.ible IOf'TTI and monner. as
may reosonobly be required by a person who wishes lo exerclse any righl
specified in lhe Act. Further. ii requiros lhe Government to update the guide ot
regvlot inlervolS. Accordingly a Gulde on lhe Act was pvbl11hed <>Nine on
28.11.2013 to help ou lhe stoke-holders viz. information sockor, in getting
information. public informollon officers in dealing with lhe RTI app(ocafions. first
appellole oulhorittes in faking cogent decisions on appeals ond lhe pubic
outhOfilies in implementing various provisions ol lhe Acl in �ghl earnest.

2. The PubDc Information Officers/First Appellate Authorities sholAd keep in


mind the sonent lectures ol the guidelines in supply of infoonotion to the
inlo<motion seeker ond disposal of first appeal respec1ive4y. so lhot information
seekers may not resort to filing of second appeals before the tnfOfmotion
Commissions. The relevonl salient leolures ol the guldetines ore reite<oted
beiO'N for consideration of the Pubfic lnlormotlon Olficers and ful Appellate
Authorities:

Supply of Information by lhe Public Information om,.,,

tI The answering Public lnformoti1m Officer sholAd chock whether the


lnlormallon sought or o port !hereof Is exempt from disclosure under
Section 8 or Section 9 ot the Act. Request in respect of the port of

1
•.
; (··'

'

the cppllcofion which is so exempt may be rejected and rest ol the


;nlcrmotion should be provided Immediately 0< ofler receipt of
cdd,tionol fees. as the cose moy be.

2) Where o request tor ir,te<mollon is rejected. the Public lnlom,ation


Officer should communicate lo the person moking lhe request-

fi) the reasons !or such rejection:


{ji} lhe period within which on oppeol ogcirut such rejechon
may be prefe,red; and
fiiil tne porticvlors at lhe oulhorily to whom on appeal con be
mode.

31 II cdditionol tee Is required lo be pc;d by Iha ccpacont os provided


in the Fee end Cost Rules. the Public lntormolion Officer !ho:Ad
inform the oppficont:

fil !he details of fvrther fees required to be po'.d;


(ii) the corcu1otions mode 10 omve 01 the amount 01 feet os�ed
lo,;
(iii) the rcct lhol the oppRccnl hos o rtghl to mote oppeot cboul
lhe amount of lees so domonded:
(iv) lhe porllculors of !he oulho,lty lo v;tiom such on oppeol con
bemode;ond
(vJ the Hme llmll within which lhe appecl can be mode.

4) Though there Is no hard and lasl rule os ta when e"°ctty lnttmotion


oboul additional lees is lo be given lo the cppficont. such
lnHmolion should bo given soon alter receipt al RTI appkotton.

Dlsposol ol Appeol by lhe First Appellate Aulflorlty

I) While dlsposJng off first oppeots. the f,rsl Appellate Authorities should
oct In o folr ond Judicious manner. II is ve<y Important !hot lho order
passed by lhe llrsl oppellole oulhorily should be o deloled ond
speok.-.g o,der, giving Jusllficolion for the decision arrived at.

21 II on oppelloto aulhorily while deciding on oppeol comes lo o


conclusion inot the oppellcnt should be supplied lnlooncllon in
addition to what hos been supplied by the Public lnf0<motion
Officer. he moy either fiJ poss on order directing lhe Pubfic
lnformolion Officer to give such information lo lhe oppellonl: or (•)
he himself moy give information to the appellant. In the first case
the oppellote outhorily should ensure !hot the informotion ordered
by him to be supplied is supplied to the appellant immediately. If
wovld. however. be better if lhe oppellale oulhorily chooses the
second course of action and he himself furnishes the lntorrnotion
olongwith lhe order passed by him in the matter.

S,-�d" i:;_.
(Sondeep Join)
Oireclor
Tel: 23092755

I. Al the Mnislries I Oeportmenls ol lhe Government ol Indio.


2. Union Pubf,c Service Commission /Lok Sabha Sect/ Rojyo Sobho Socreloriof/
Colline! seaerorfof/ Cenlrot Vigilance Commission/ President's Secretariat/
Vice President's Secretariat/ Prime Mlnlslefs Office/ Planning
Commission/ttection Commission.
3. Central lnlormolion Comm�sion/ Stole tntormollon Commissions.
4. Stolt Seledon Commission, CGO Comp!ex. New Delhi.
S. 0/o lhe Comptroller &Audi!°' General of Indio. Io, Bohadur Shah Zalar
MOlg. New Delhi.

Copy to: Chier Scaetafcs of oil the Slotes/UTs

3
No. 10/112013-IR
Government of India.
Ministry of Peroonnel, PG & Pension
Department of Personnel & Training

N0<1h Block. New Delhi


Dated 6"" October, 2015
Offilie l\ifcmorandum
Subject: format for giving information to the applicants under RTI Ad- issue of guiddines
rcgardini;.

It has been observed that different public authorities provide infonnarioo to RTI
applicants in ditfettnt fonnat:1. Though lhcre connot be a standord forni,t foe- providing
infonnation., the reply should however essentially contain the following information:

(i) RTI application number, date ond date of its receipt in the public authori1y.
(ii) The neme, deslgnation, official telephone number and email ID of the CPIO.
(iii) {n C-ILSC lhc infonnation requested for is denied, detailed reasoos for deoitlJ quoting
the relevant sections of the RTI Act should be clearly mentioned.
(iv) J.n C3.SC the infonna.tion pcrto.ins to other public au1hority and the appli�ion is
transferred under ,ection 6(3) of the RTI Act, dcUils of the public authorily to
whom the applic�tion is transferred should be given.
M lo the concluding pum of the reply, it should be clc.my mentioned thot the First
Appc•I. if any, ogainsl thc reply of the CPIO may be made to the First Appellate
Authority within 30 days or receipt ofrcplyofCPIO.
(vi) The name, dc.<ignotion, address, official tclcplione m1nb<:r and e,,m.:ul JO of the
First Appellate Authority should nlso be clearly mentioned.

2. In Addition. wherever the opJ>licant hos requested (or •certified copies' or the
docolmcnts or records, the Cl'JO should endorse on the document ''True copy of the
document/record •upplicd under RTI Ac1", sign the documa,i wilh date, above a scol
conrajning nme of the officer, CPJO and name of public AUthori1y; as cnwnfflltcd below:
True copy ofthe document/record supplied under RT! Act.
Sd/-
03to
(N11111e of the Officer)
CPIO
(Nnmo of the Public Aulhoritv\

FW1hcr in ease the documents to be certified and supplied is lar;c in number, infocm>lion on
RTI awlication •hould be supplied by a dcsignnicd PIO but tl,e ccrrification of the documents,
if need be, could be done by an other junior putted officer.

3. This m•ybebroughl 10 thc ootiee of all concerned.


J/ght'la.
(0. S. Arora)
Deputy Seereary (JR)
Tcl.230927SS
- 2- -
2. Union Public Service Corrunission /Lok Sabha Secreu.riav' Rajya Sabh3 Secr-etariatf Cabinet
Sccnta.ria.t/ Central Vigilance Commission/ President's Scactari,u/ Vice President',
s.a.wiat/ Prime Minister's Office/ N!Tl Ayog/Elcctioo Commission.
3. Central Information Commission! State lnfcrtnation Commissions.
4, Staff Selection Commission, CGO Complex. New Delhi,
). 0/o the Comptrolle, &Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.

Copy to: Chief Secretaries of aJI the States/l!Ts


Chapter – 9
Spreading Awareness
SNo. File no Date Subject
1 1/26/2007-IR 09/01/2008 Involving Non-Governmental Organisations for
I I spreading awareness about the RTl Act, 2005.
No.1/26/2007-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi,


Dated: the 9th January, 2008

To
Chief Secretaries of all the States/UTs

Subject: Involving Non-Governmental Organisations for spreading


awareness about the RTI Act, 2005.
****
Sir,

I am directed to say that clause (a) of sub-section (1) of Section


26 of the Right to Information Act, 2005 casts a responsibility on the
Governments of States to develop and organize educational
programmes to advance the understanding of the public about exercise
of their right to information. It is a gigantic task which requires
involvement of various sections of society. Non- Governmental
Organisations are providing various kinds of services to the people
and creating awareness amongst them. They come in close contact
with the public and may play an important role in disseminating
knowledge about the use of the Right to lnformation Act. You are,
therefore, requested to involve the Non-Governmental Organisations
working in your State to spread awareness about the Act.

Yours faithfully,

(K.G. Verma)
Director
Chapter-10

Disposal of First Appeal


S.No. File No. Date Subject
1 10/23/2007-IR 09/07/2007 Disposal for first appeals under the RTI Act,
I I 2005.
.,..
No.10/23/2007-IR
Government oflndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
••••••••
New Delhi, the 9th July, 2007

OFFICE MEMORANDUM

Subject: Disposal of first appeals under the RTI Act, 2005.

The undersigned is directed to say that the Central Information Commission


has brought to the notice of this Department that in some cases,

(i) The first Appellate Authorities under the Right to Information Act do not
dispose off the appeals within the time frame prescribed by the Act;

(ii) The Appellate Authorities do not examine the appeals judiciously and
express their agreement with the decision of the Central Public Information
Officer mechanically;

(iii) The Central Public Information Officers do not comply with the directions
of the first Appellate Authority to furnish information to the appellant.

2. Section 19(6) of the RTI Act provides that the first Appellate Authority
should dispose off the appeal within thirty days of the receipt of the appeal. In
exceptional cases, the appellate authority may take forty five days to dispose off
the appeal subject to the condition that he shall record in writing the reasons for
delay in deciding the appeal. Therefore, each first appellate authority should
ensure that an appeal received by him is disposed off within 30 days of the receipt
of the appeal. If, in some exceptional cases, it is not possible to dispose off the
appeal within 30 days, its disposal should not take more than 45 days. In such
cases, the appellate authority should record, in writing, the reasons for not deciding
the appeal within 30 days.

3. Deciding appeals under the RTI Act is a quasi-judicial function. it is,


therefore, necessary that the appellate authority should see to it that the justice is
not only done but it should also appear to have been done. In order to do so, the
order passed by the appellate authority should be a speaking order giving
justification for the decision arrived at.
4. If an appellate authority comes to a conclusion that the appellant should be
supplied information in addition to what has been supplied to him by the CPIO, he
may either (i) pass an order directing the CP[O to give such information to the
appellant; or (ii) he himself may give information to the appellant while disposing
off the appeal. In the first case the appellate authority should ensure that the
information ordered by him to be supplied is supplied to the appellant immediately.
lt would, however, be better if the appellate authority chooses the second course of
action and he himself furnishes the information aJongwith the order passed by him
in the matter.

5. The Central Information Commission has also pointed out that some of the
Ministries/Departments have appointed very junior officers as appellate authorities
who are not in a position to enforce their orders. The Act provides that the first
appellate authority would be an officer senior in rank to the CPIO. Thus, the
appellate authority, as per provisions of the Act, would be an officer in a
commanding position vis-a-vis the CPIO. Nevertheless, if, in any case, the CPJO
does not implement the order passed by the appellate authority and the appellate
authority feels that intervention of higher authority is required to get his order
implemented, be should bring the matter to the notice of the officer in the public
authority competent to take against the CPTO. Such competent officer shall take
necessary action so as to ensure implementation of the provisions of the RTI Act.

6. Contents of this OM may be brought to the notice of all conce ed.

To

l. All the Ministries I Departments of the Government oflndia


2. Union Public Service Commission/ Lok Sabha Seen./ Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigilance Commission I President's Secretariat/
Vice-President's Secretariat/ Prime Minister's Office/ Planning Commission I
Election Commission
3. Staff Selection Commission, COO Complex, New Delhi
4. Office of the Comptroller & Auditor General ofJndia, 10, Bahadur Shah Zafar
Marg, New Delhi.
5. All officers/Desks/Sections, Department of Personnel & Training and
Department of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs for information


Chapter -11
Maintenance of Records
SNo. File no Date Subject
1 1/18/2007-IR 21/09/2007 Maintenance of records and publication of information
under the Right to Information Act, 2005.
2 1/33/2007-IR 1 4/11/2007 Updating of Records- Recommendations of the Second
Administrative Reforms Commission.

3 12/192/2009-IR 20/01/2010 Maintenance of records in consonance with Section 4


of the RTI Act.
No. l, 18/2007-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 21 ': September, 2007

OFFICE !\IEMORAUDM

Subject: Maintenance of records and publication of information under the Right to


Information Act. 2005.
*•**
Section 4 of the Right to Information Act, 2005 sets out a practical regime of
transparency in the working of the public authorities by way of disclosure of as
much information to the public as possible, suo-motu so that the public may not
have to resort to section 6. It is an important part of the Act observance of which is
essential for its effective implementation.

2. Clause (a) of sub-section (1) of the section makes it obligatory for every
public authority to maintain all its records duly catalogued and indexed. Record
management in accordance with this provision is an important step to enable the
Public Information Officers to furnish information sought under the Act. The
clause also requires the public authority to have its records computerized and
connected through a network all over the country. The public authorities are
expected to complete the requirements of this clause on top priority.

3. Clause (b) of the sub-section ibid mandates the public authorities to publish
the information mentioned therein within one hundred and twenty days from the
date of enactment of the Act. It is expected that all public authorities would have
complied with this requirement already. If it has not been done. its compliance
may be ensured without any further delay. Information so published should also
be updated every year as provided in the Act.

4. It is obligatory for all the public authorities under clause (c) of sub section
( 1) of section 4 of the Act to publish all relevant facts while formulating important
policies and announcing decisions affecting the public. They, under clause (d). are
also obliged to provide reasons for their administrative or quasi judicial decisions
to the affected parties.

5. Section 4 of the Act requires wide dissemination of every information


required to be disclosed suo motu in such form and manner which is accessible to
the public. Dissemination may be done through notice boards. news papers. public
announcements, media broadcasts, the internet or any other means. While
disseminating the information, the public authority should take into consideration
the cost effectiveness, local language and the most effective method of
communication in the concerned local area. The information should be. to the
extent possible, available with the Public Information Officer in the electronic
format which could be made available free of cost or at such price as may be
prescribed. A copy of the document published. referred to in para 3, and also the
copies of publications referred to in para 4 above. should be kept with an officer of
the public authority and should be made available for inspection by any person
desirous of inspecting these documents.

6. All the Ministries/Departments etc. are requested to comply with the above
referred requirements of the Act and also to issue necessary instructions to the
public authorities under them for compliance of the same.

(K.G Verma)
Director
Tel: 23092158

l, All the Ministries Departments of the Government of India


2. Union Public Service Commission Lok Sabha Seen.' Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/
President's Secretariat/ Vice-President's Secretariat/ Prime Minister's
Office/ Planning Commission 'Election Commission
3. Central Information Commission/State Information Commissions.�
4. Staff Selection Commission, CGO Complex. New Delhi
5. Office of the Comptroller & Auditor General of India, I 0. Bahadur Shah
Zafar Marg, New Delhi.
6. All officers/Desks/Sections, Department of Personnel & Training and
Department of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the States 1., Ts.


No.l/33/2007-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Bl�k, New Delhi,


Dated: the 1411, November, 2007

OFFICE MEMORANDUM

.....
Subject: Updating of Records- Recommendations of the Second Administrative Reforms
Commission.

The undersigned is directed to say that with a view to ensuring proper maintenance of
records, the Right to Information Act, 2005, mandates that every public authority shall
maintain all its records duly catalogued and indexed in' a proper manner. The Second
Administrative Reforms Commission, in its First Report (June 2006), 'Right to Infonnation -
Master Key to Good Govemance'j has observed that the weakest link in our information
system is the neglect of record keeping. The Commission has recommended that, as a one
time measure, the Government of India should earmark 1% of the funds of all Flagship
Programmes for a period of five years for updating records, improving infrastructure, creating
manuals and establishing the Public Records Offices.

2. The maintenance and updating of records is a continuing process which every public
authority is obligated to do. Improving the infrastructure and bringing out the necessary
manuals are also continuing processes, and the responsibility of the concerned public
authorities. All the public authorities should update their records, improve their
infrastructure, bring out necessary manuals from within their resources. They may make
specific budgetary provision for the purpose as per their requirement.

3. Contents of this OM may be brought to the notice of all concerned.


--
I. All the Ministries I Departments of the Government ofindia
2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice.
President's Secretariat/ Prime Minister's Office/ Planning Commission/Election
Commission.
3. Central ]nfonnation Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, I 0, Bahadur Shah Zafar
Marg, New Delhi.
·6. All officers/Desks/Sections, Department of Personnel & Training and Department
of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the States!UTs.


. '
No.12/192/2009-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi


Dated the 201h January 2010

OFFICE MEMORANDUM

Subject: Maintenance of records in consonaoce with Section 4 of the RTI Act


The Central Information Commission in a case has highlighted that the
systematic failure in maintenance of records is resulting in supply of incomplete and
misleading information and that such failure is due to the fact that the public
authorities do not adhere to the mandate of Section 4(1)(a) of the RTI Act, which
requires every public authority to maintain all its records duly catalogued and
indexed in a manner and form which would facilitate the right to information. The
Commission also pointed out that such a default. could qualify for payment of
compensation to the complainant. Section 19(8)(b) of the Act. gives power to the
Commission to require the concerned public authority to compensate the
complainant for any loss or other detriment suffered.

2. Proper maintenance of records is vital for the success of the Right to


Information Act but many public authorities have not paid due attention to the issue
despite instructions issued by this Department. The undersigned is directed to
request all the Ministries/Departments etc. to ensure that requirements of Section 4
of the Act in general and clause (a) of sub-section (1) thereof in particular are met by
all the public authorities under them without any further delay.

-
(K.G. Verma)
Director
Tel. No.23092158

To

1. All the Ministries I Departments of the Government of India


2. Union Public Service Commission/ Lok Sabha Sectt.l Rajya Sabha'
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission I President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission I Election Commission
3. Central Information Commission/State Information Commission
4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.
6. All officers/Desks/Sections, Department of Personnel & Training. Department
of AR & PG and Department of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs


Chapter-12

Sou-motu Disclosure
S.No. File No. Date Subject
1 1/8/2012-IR 11/9/2012 Sou motu disclosure on official tours of Ministers and
other officials.
2 1/6/2011-IR 15/04/2013 Implementation of sou motu disclosure under section 4
of RTI Act, 2005- Issue of guidelines regarding.
3 1/34/2013-IR 29/06/2015 Implementation of sou motu disclosure under section 4
of RTI Act, 2005
4 1/34/2013-IR 30/06/2016 Report of the Committee set up under the
chairmanship of Dr. Devesh Chaturvedi, Joint
Secretary, DoPT to examine the recommendations of
the Committee of Experts on suo motu disclosure
under Section 4 of the RTI Act, 2005.
F. No. 1/ 8/2012-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pers�nnel & Training

North Block, New Delhi


Dated: 11th September, 2012

Office Memorandum
Sub: Suo motu disclosure on official tours of Ministers and other officials.

Sub-Section (2) of Section 4 of the RT! Act, 2005 requires every public authority
to take steps in accordance with the requirements of clause (b) of sub-section (1) to
provide as much information suo motu to the public at regular intervals through various
means of communications, including internet, so that the public have minimum resort
to use the Act to obtain information.

2. It has been brought to the notice of this Department that public authorities are
receiving RTI applications frequently asking for details of the official tours undertaken
by Ministers and other officials of the Ministries/Departments concerned. In compliance
with the provisions of Section 4 of the RTI Act, 2005, it is advised that Public
Authorities may proactively disclose the details of foreign and domestic official tours
undertaken by Minister(s) and officials of the rank of Joint Secretary to the Government
of India and above and Heads of Departments, since 1st January, 2012. The disclosures
may be updated once every quarter starting from 1" July, 2012.

3. Information to be disclosed proactively may contain nature of the official tour,


places visited, the period, number of people included in the official delegation and total
cost of such travel undertaken. Exemptions under Section 8 of the RTI Act, 2005 may
be taken in view while disclosing the information. These advisory would not apply to
security and intelligence organisations under the second schedule of the RTI Act, 2005
and CVOs of public authorities.

4. Contents of this OM may be brought to the notice of all concerned.

'5qJ '\�
(Sa�pJaln)
Depu��=cretary
Tele: 23092755

1. All the Ministries I Departments of the Government of India


2. Union Public Service Commission/Lok Sabha Sectt./Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice·
President's Secretariat/ Prime Minister's Office/ Planning Commission/Election
Commission.
3. Central Information Commission.
4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.
6. All officers/Desks/Sections, of DOP&T, Department of Pension & Pensioners
Welfare and Department of Administrative Reforms and Public Grievances.

Copy to: Chief Secretaries of all the States/UTs.


No.1/6/2011-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated the 15th April, 2013

OFFICE MEMORANDUM

Subject: Implementation of suo motu disclosure under Section 4 of RTI Act, 2005 - Issue of
guidelines regarding:

Section 4(1)(b) of the RTI Act lays down the information which should be disclosed
by Public Authorities on a suo motu or proactive basis. Section 4(2) and Section 4(3)

prescribe the method of dissemination of this information. The purpose of suo motu

disclosures under Section 4 is to place large amount of information in public domain on a


proactive basis to make the functioning of the Public Authorities more transparent and also

to reduce the need for filing individual RTI applications.

2. Since the promulgation of the Act in 2005, large amount of information relating to

functioning of the government is being put in public domain. However, the quality and
quantity of proactive disclosure is not up to the desired level. It was felt that the weak

implementation of the Section 4 of the RTI Act is partly due to the fact that certain

provisions of this Section have not been fully detailed and, in case of certain other
provisions there is need for laying down detailed guidelines. Further there is need to set up

a compliance mechanism to ensure that requirements under section 4 of the RTI Act are
met.

3. In order to address the above, Government of India constituted a Task Force on suo

motu disclosure under the RTI Act, 2005 in May 2011 which included representatives of civil
society organizations active in the field of Right to Information, for strengthening

compliance with provisions for suo motu or proactive disclosure as given in Section 4 of the

RTI Act, 2005. Based on the report of the Task Force, the Government have decided to issue
guidelines for suo motu disclosure under section 4 of the RTI Act.
4. Guidelines for Central Government Ministries/Departments are on:

i. Suo motu disclosure of more items under Section 4.


II. Guidelines for digital publication of proactive disclosure under Section 4.

iii. Detailing of Section 4(1)(b)(iii), 4(1)(b)(iv), 4(1)(b)(xi) and 4(1)(b)(xiv)

Iv. Compliance mechanism for suo motu disclosure (proactive disclosure) under
the RTI Act, 2005.

S The above guidelines are enclosed. However, it may be kept in mind that proactive

disclosure should be done In the local language so that rt remains accessible to pubhc. It

should be presented in a form that is easily understood and if technical words are used they

should be carefully explained As provided in section 4, disclosure should be made rn as

many mediums as feasible and disdosures should be kept up to date. The disclosure of

Information may be made keeping in mind the provisions of Section 8 to 11 of the RTI Act.

6. Central Government Ministries/ Departments should undertake suo motu disclosure


and ensure compliance based on these guidelines.

7. The enclosed guidelines may be brought to the notice of all for compliance.

j>1m d r-:
(Manoi Joshi)
Joint Secretary
Tele : 23093668

1. All the M,nistrres/Departments of the Government of India


2. Union Public Service Commission, Lok Sabha Secretariat, Ra1va Sabha Secretariat,
cabinet Secretariat, Central Vigilance Commission, President's Secretariat, Vice·
President's Secretariat, Prime Minister's Office, Planning Commission, Election
Commission.
3 Central Information Comm,sslon.
4 Staff Selection Commission, CGO Complex, New Delhi
S. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New
Oelhr.

Copy to : Chief Secretaries of all the States/UTs.

ii
Guidelines on suo motu disclosure under Section 4 of the RTI Act

INDEX

s. Chapter Page
No. No.
1 Suo motu disclosure of more items under Section 4 1
2 Guidelines for digital publication of proactive 4
disclosure under Section 4
3 Guidelines for certain clauses of Section 4(1)(b) to 7
make disclosure more effective
4 Compliance with provisions of suo motu disclosure 12

iii
Guidelines on suo motu disclosure under Section 4 of the RTI Act
1.0 Suo motu disclosure of more items under Section 4

Sub-section 4(2) of the RTI Act, 2005 requires every public authority to take steps in
accordance with the requirements of clause (b) of sub-section 4(1) to provide as much
information suo motu to the public at regular intervals through various means of
communication, including internet, so that the public have minimum resort to use the Act to
obtain information. Accordingly, the Public Authorities may proactively disclose the

following items also under the suo motu disclosure provisions of Section 4:

1.1 Information related to Procurement


1.1.1 Information relating to procurement made by Public Authorities including
publication of notice/tender enquiries, corrigenda thereon, and details of bid awards

detailing the name of the supplier of goods/services being procured or the works contracts
entered or any such combination of these and the rate and total amount at which such
procurement or works contract is to be done should be disclosed. All information
disclosable as per Ministry of Finance, Department of Expenditure's O.M. No 10/1/2011-PPC
dated 301h November, 2011 on Mandatory Publication of Tender Enquiries on the Central
Public Procurement Portal and O.M. No. 10/3/2012- PPC dated so" March, 2012 on
Implementation of comprehensive end-to-end e-procurement should be disclosed under
Section 4. At present the limit is fixed at Rs. 10.00 lakhs. In case of procurements made

through DGS&D Rate Contracts or through Kendriya Bhandari NCCF, only award details
need to be published. However information about procurement which fall within the
purview of Section 8 of the RTI Act would be exempt.

1.2 Public Private Partnerships

1.2.1 If Public services are proposed to be provided through a Public Private Partnership
(PPP), all information relating to the PPPs must be disclosed in the public domain by the
Public Authority entering into the PPP contract/concession agreement. This may include
details of the Special Purpose Vehicle (SPV), if any set up, detailed project reports,
concession agreements, operation and maintenance manuals and other documents

generated as part of the implementation of the PPP project. The documents under the
ambit of the exemption from disclosure of information under section 8(1)(d) and 8(1)(j) of

1
the RTI Act would not be disclosed suo motu. Further, information about fees, tolls, or other

kinds of revenue that may be collected under authorization from the Government,

information in respect of outputs and outcomes, process of selection of the private sector

party may also be proactively disclosed. All payments made under the PPP project may also

be disclosed in a periodic manner along with the purpose of making such payment.

1.3 Transfer Policy and Transfer Orders

1.3.1 Transfer policy for different grades/cadres of employees serving in Public Authority
should be proactively disclosed. All transfer orders should be publicized through the website
or in any other manner listed in Section 4(4) of the Act. These guidelines would not be

applicable in cases of transfers made keeping in view sovereignty, integrity, security,


strategic, scientific or economic interests of the State and the exemptions covered under

Section 8 of the Act. These instructions would not apply to security and intelligence

organizations under the second schedule of the RTI Act.

1.4 RTI Applications


1.4.1 All Public Authorities shall proactively disclose RTI applications and appeals received

and their responses, on the websites maintained by Public Authorities with search facility
based on key words. RTI applications and appeals received and their responses relating to

the personal information of an individual may not be disclosed, as they do not serve any

public interest.

1.5 CAG & PAC paras


1.5.1 Public Authorities may proactively disclose the CAG & PAC paras and the Action
Taken Reports (ATRs) only after these have been laid on the table of both the houses of the

Parliament. However, CAG paras dealing with information about the issues of sovereignty,

integrity, security, strategic, scientific or economic interests of the State and information

covered under Section 8 of the RTI Act would be exempt.

1.6 Citizens Charter

1.6.1 Citizens Charter prepared by the Ministry/Department, as part of the Result


Framework Document of the department/organization should be proactively disclosed and

six monthly report on the performance against the benchmarks set in Citizens Charter
should also be displayed on the website of public authorities.

2
1.7 Discretionary and Non-discretionary grants

1.7.1 All discretionary /non-discretionary grants/ allocations to state governments/

NGOs/Other institutions by Ministry/Department should be placed on the website of the

Ministry/Department concerned. Annual Accounts of all legal entities who are provided
grants by Public Authorities should be made available through publication, directly or
indirectly on the Public Authority's website. Disclosures would be subject to provisions of

Section 8 to 11 of the RTI Act.

1.8 Foreign Tours of PM/Ministers

1.8.1 A large number of RTI queries are being filed on official tours undertaken by
Ministers or officials of various Government Ministries/Departments. Information regarding

the nature, place and period of foreign and domestic tours of Prime Minister are already
disclosed on the PMO's website.

1.8.2 As per DoPT's OM No. 1/8/2012-IR dated 11/9/2012, Public Authorities may

proactively disclose the details of foreign and domestic official tours undertaken by the
Minister(s) and officials of the rank of Joint Secretary to the Government of India and above

and Heads of Departments, since 1st January, 2012. The disclosures may be updated once

every quarter.
1.8.3. Information to be disclosed proactively may contain nature of the official tour,

places visited, the period, number of people included in the official delegation and total cost
of such travel undertaken. Exemptions under Section 8 of the RTI Act, 2005 may be kept in

view while disclosing the information. These instructions would not apply to security and

intelligence organisations under the second schedule of the RTI Act, 2005 and CVOs of
public authorities.

3
2.0 Guidelines for digital publication of proactive disclosure under Section 4

2.1 Section 4 lays down that information should be provided through many mediums
depending upon the level of the public authority and the recipient of information (for
example, in case of Panchayat, wall painting may be more effective means of dissemination

of information), and that more and more proactive disclosure would gradually be made
through Internet. There is need for more clear guidelines for web-based publication of

information for disclosure.

2.2 The Department of Information Technology has been working on setting of technical
standards for government websites and the Department of Administrative Reforms & Public

Grievances has published guidelines for websites of Government Departments. These


guidelines prescribe the manner in which websites need to be designed and how
information should be disclosed. While adhering to the standards of government guidelines

as laid down by Department of Information Technology and Department of Administrative


Reforms & Public Grievances, the following principles additionally should also be kept in

view to ensure that websites' disclosures are complete, easily accessible, technology and

platform neutral and in a form which conveys the desired information in an effective and
user-friendly manner.

a) It should be the endeavor of all public authorities that all entitlements to citizens and
all transactions between the citizen and government are gradually made available
through computer based interface. The 'Electronic Delivery of Services Bill, 2012'
under formulation in Government of India would provide the necessary impetus.

b) Websites should contain detailed information from the point of origin to the point of
delivery of entitlements/services provided by the Public Authorities to citizens.

c) Orders of the public authority should be uploaded on the website immediately after

they have been issued.

d) Website should contain all the relevant Acts, Rules, forms and other documents
which are normally accessed by citizens.

4
e) Websites should have detailed directory of key contacts, details of officials of the

Public Authority.

f) It is obligatory under Section 4(1)(b)(xiv) of the RTI Act for every Public Authority to

proactively disclose 'details in respect of the information, available to or held by it,

reduced in an electronic form'. The website should therefore indicate which digitally
held information is made available publicly over the internet and which is not.

g) As departments reorganize their systems and processes to enable themselves for

electronic service delivery, it is recommended that the requirement of bringing due


transparency as provided in the RTI Act is given adequate consideration at the design

stage itself.

h) To maintain reliability of information and its real time updation, information

generation in a digital form should be automatically updated on the basis of key


work outputs, like a muster roll and salary slip (NREGA in Andhra Pradesh) or
formalization of a government order (Andhra Pradesh). Such an approach will lead to

automation of proactive disclosure.

i) Information must be presented from a user's perspective, which may require re-

arranging it, simplifying it etc. However, original documents in original formats


should continue to be made available because these are needed for community

monitoring of government's functioning.

j) The 'National Data Sharing and Accessibility Policy' by the Department of Science
and Technology is based on the principle that all publicly funded information should

be readily available. The policy has been notified in March, 2012 and the schedule
should be strictly adhered to.

k) Information and data should be presented in open data formats whereby it can be

pulled by different Application Protocol Interfaces to be used in different fashions


more appropriate to specific contexts and needs. Information/ data can, for

instance, be presented in powerful visual ways using visualisation techniques. Such


visual representation of information/ data can give insights that may remain largely

5
hidden in a textual or tabular presentation of data. In some contexts, pictures and

audio/videos recordings etc may be more useful. There have been moves in some

parts of the country to video record Gram Sabha meetings. A picture of a NREGA
worksite, for instance, may tell much more than words can. All such different media

and forms should be used for proactive disclosure.

I) Every webpage displaying information or data proactively disclosed under the RTI

Act should, on the top right corner, display the mandatory field 'Date last updated

(DD/MM/YY)'.

6
3.0 Guidelines for certain clauses of Section 4{l)(b) to make disclosure more effective

3.1 The elements of information listed in the various sub-clauses of Section 4{1)(b) must
be disclosed in an integrated manner. For example, the functions and responsibilities of a

public authority cannot be understood in isolation from the powers and functions of its

employees, the norms that inform its decision making processes and the rules, instructions
and manuals that are used in the discharge of its functions. Description of one element

presupposes the existence of another. So every public authority must endeavour to

integrate the information mentioned in these sub-clauses while preparing voluntary


disclosure materials.

3.2 Considering that disclosure in regard to certain sub-clauses have been relatively
weak, detailed guidelines for four sub-clauses are given below:

3.3 Guidelines for section 4{1)(b)(iii) - "the procedure followed in the decision-making

processes, including channels of supervision and accountability".

3.3.1 All government departments have specific duties and responsibilities under the

respective Allocation of Business Rules (AOB) issued by the appropriate Government. The
constitutional provisions and statutes each department is required to implement are clearly

laid down in the AOB. The manner of disposal of matters assigned to each

Department/Ministry is described in the Transaction of Business Rules (TOB). Additionally,

every department would have a specific set of schemes and development programmes

which they are required to implement directly or through their subordinate offices or other
designated agencies. These documents contain the specific operations that every Public

Authority is required to undertake in the course of implementing the programme or


scheme. Every operation mandated under the AOB read with the TOB would be linked to a

specific decision-making chain. All government officers have to follow laid down office

procedure manual or the other rules which gives details of how representations, petitions
and applications from citizens must be dealt with. Templates, formats, and basic steps of

decision-making are briefly explained in such manuals. These descriptions constitute the

elements of decision-making processes in general.

7
3.3.2 Additionally, in the routine work of governance, government functionaries are

required to make decisions in a discretionary manner but broad guiding principles are laid

down in some rule or the other. For example, the General Financial Rules lay down
procedures for a variety of operations relating to government finances. How sanction must

be accorded for incurring expenditure; how losses to government must be reported; how

responsibility for losses may be fixed on any government servant; how budgets, demand for
grants are prepared and submitted; how public works must be sanctioned and executed;

how commodities and services may be procured by a public authority; are all explained in
these manuals which are updated from time to time. The challenge is to present a simplified

version of the decision-making procedure that is of interest to a common citizen.

3.3.3 In view of the above, the guidelines for detailing the decision making processes are

as follows:

(a) Every public authority should specifically identify the major outputs/ tangible
results/ services/ goods, as applicable, that it is responsible for providing to the
public or to whosoever is the client of the public authority.

(bl In respect of (a) above, the decision-making chain should be identified in the form of

a flow chart explaining the rank/grade of the public functionaries involved in the

decision-making process and the specific stages in the decision-making hierarchy.

(c) The powers of each officer including powers of supervision over subordinates

involved in the chain of decision-making must also be spelt out next to the flow chart
or in a simple bullet-pointed format in a text-box. The exceptional circumstances
when such standard decision-making processes may be overridden and by whom,
should also be explained clearly. Where decentralization of decision-making has

occurred in order to grant greater autonomy to public authorities, such procedures

must also be clearly explained.

(d) This design of presentation should then be extended to cover all statutory and

discretionary operations that are part of the public authority's mandate under the

AOB read with the TOB.

8
(e) In the event of a public authority altering an existing decision-making process or

adopting an entirely new process, such changes must be explained in simple

language in order to enable people to easily understand the changes made.

3.4 Guidelines for Section 4(1)(b)(iv) - "the norms set by it for the discharge of its

functions".

3.4.1 Primarily, the intention of this clause is that every public authority should proactively

disclose the standards by which its performance should be judged. Norms may be

qualitative or quantitative in nature, or temporal or statutory norms. In order to ensure

compliance with this clause, public authorities would need to disclose norms for major

functions that are being performed.

3.4.2 Citizen Charters, which are mandatory, for each central

Ministry/Department/Authority, are good examples of vehicles created for laying down


norms of performance for major functions and for monitoring achievements against those

standards.

3.4.3 Wherever norms have been specified for the discharge of its functions by any statute

or government orders, they should be proactively disclosed, particularly linking them with

the decision making processes as detailed earlier. All Public Authorities should proactively
disclose the following:

a) Defining the services and goods that the particular public authority/office
provides directly (or indirectly through any other agency/contractor).

b) Detailing and describing the processes by which the public can access and/or
receive the goods and services that they are entitled to, from the public

authority/office along with the forms, if any prescribed, for use by both the

applicant and the service providing agency. Links to such forms (online),
wherever available, should be given.

c) Describing the conditions, criteria and priorities under which a person becomes

eligible for the goods and services, and consequently the categories of people
who are entitled to receive the goods and services.

9
d) Defining the quantitative and tangible parameters, (weight, size, frequency etc,)

and timelines, that are applicable to the goods and services that are accessible to

the public.

e) Defining the qualitative and quantitative outcomes that each public

authority/office plans to achieve through the goods and services that it was
obligated to provide.

f) Laying down individual responsibility for providing the goods and services (who is

responsible for delivery/implementation and who is responsible for supervision).

3.5 Guidelines for Section 4(1)(b)(xi)- "the budget allocated to each of its agency,

indicating the particulars of all plans, proposed expenditures and reports on

disbursements made".

3.5.1 The public authorities while disclosing their budgets shall undertake the following:

(a) Keeping in view of the technical nature of the government budgets, it is essential

that Ministries/Departments prepare simplified versions of their budgets which can


be understood easily by general public and place them in public domain. Budgets

and their periodic monitoring reports may also be presented in a more user-friendly

manner through graphs and tables, etc.

(b) Outcome budget being prepared by Ministries/Departments of Government of India

should be prominently displayed and be used as a basis to identify physical targets


planned during the budgetary period and the actual achievement vis-a-vis those

targets. A monthly programme implementation calendar method of reporting being

followed in Karnataka is a useful model.

(c) Funds released to various autonomous organizations/ statutory organizations/

attached offices/ Public Sector Enterprises/ Societies/ NGOs/ Corporations etc.


should be put on the website on a quarterly basis and budgets of such authorities

may be made accessible through links from the website of the Ministry/Department.

If a subsidiary does not have a website then the budgets and expenditure reports of

10
such subsidiary authority may be uploaded on the website of the principal Public

Authority.

(d) Wherever required by law or executive instruction, sector specific allocations and

achievements of every department or public authority (where feasible) must be

highlighted. For example, budget allocation and target focusing on gender, children,
Scheduled Castes and Scheduled Tribes and religious minorities should be specially

highlighted. The sector-wise breakup of these targets and actual outcomes must be

given in simplified form to enable the vulnerable segments of society to better


understand the budgets of public authorities.

3.6 Guidelines for Section 4(1)(b)(xiv) - details in respect of information, available to


or held by it, reduced in an electronic form.

3.6.1 On the one hand, this clause serves as a means of proactively disclosing the progress
made in computerizing information under Section 4(1)(a) of the RTI Act in a periodic

manner. On the other, it provides people with clarity about the kinds of electronic

information that, although not held by the public authority, is available to them. For
example the stocks of ration available with individual fair price shops may not be held by the

District Civil Supplies office, but may be available at a subordinate formation.

3.6.2 Keeping in view the varied levels of computerization of records and documents in

public authorities, data about records that have been digitized may be proactively disclosed
on the respective websites, excluding those records /files /information that are exempted
under Section 8. The data about digitized record may include the name of the record and

any categorization or indexing used; the subject matter and any other information that is
required to be compiled in relation to a file as prescribed by Manual of Office Procedure

(and to be prescribed by MOP for electronic records that is under finalization by OARPG),
the division/ section/ unit/ office where the record is normally held; the person, with

designation, responsible for maintaining the record; and the life span of the record, as
prescribed in the relevant record retention schedule.

11
4.0 Compliance with Provisions of suo motu (proactive) disclosure under the RTI Act

4.1 Each Ministry/Public Authority shall ensure that these guidelines are fully
operationalized within a period of 6 months from the date of their issue.

4.2 Proactive disclosure as per these guidelines would require collating a large quantum

of information and digitizing it. For this purpose, Ministries/Public Authorities may engage
consultants or outsource such work to expeditiously comply with these guidelines. For this

purpose, the plan/non-plan funds of that department may be utilized.

4.3 The Action Taken Report on the compliance of these guidelines should be sent, along

with the URL link, to the DoPT and Central Information Commission soon after the expiry of
the initial period of 6 months.

4.4 Each Ministry/ Public Authority should get its proactive disclosure package audited
by third party every year. The audit should cover compliance with the proactive disclosure

guidelines as well as adequacy of the items included in the package. The audit should
examine whether there are any other types of information which could be proactively
disclosed. Such audit should be done annually and should be communicated to the Central

Information Commission annually through publication on their own websites. All Public

Authorities should proactively disclose the names of the third party auditors on their
website. For carrying out third party audit through outside consultants also,

Ministries/Public Authorities should utilize their plan/non-plan funds.

4.5 The Central Information Commission should examine the third-party audit reports

for each Ministry/Public Authority and offer advice/recommendations to the concerned


Ministries/ Public Authorities.

4.6 Central Information Commission should carry out sample audit of few of the
Ministries/ Public Authorities each year with regard to adequacy of items included as well as

compliance of the Ministry/Public Authority with these guidelines.

4.7 Compliance with the proactive disclosure guidelines, its audit by third party and its

communication to the Central Information Commission should be included as RFD target.

12
5.0 Nodal Officer

5.1 Each Central Ministry/ Public Authority should appoint a senior officer not below the

rank of a Joint Secretary and not below rank of Additional HOD in case of attached offices
for ensuring compliance with the proactive disclosure guidelines. The Nodal Officer would

work under the supervision of the Secretary of the Ministry/Department or the HOD of the

attached office, as the case may be. Nodal Officers of Ministry/Department and HOD
separately should also ensure that the formations below the Ministry/Department/Attached

Office also disclose the information as per the proactive disclosure guidelines.

6.0 Annual Reports to Parliament/Legislatures

6.1 Government has issued directions to all Ministries/Departments to include a chapter


on RTI Act in their Annual Reports submitted to the Parliament. Details about compliance

with proactive disclosure guidelines should mandatorily be included in the relevant chapter

in Annual Report of Ministry/Department.

******

13
·,

No.1/34/2013-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-1


Dated: 29th June 2015

Office Memorandum

Subject: Implementation of Suo Motu Disclosure under Section 4 of RTI Act. 2005

Attention is invited to detailed guidelines on implementation of suo motu


disclosure under Section 4 of RTI Act, 2005 issued vide this department's O.M.
No.1/6/2011-IR dated 15.4.2013. Subsequently, a Committee of experts consisting of
Shri A.N.Tiwari, Chief Information Commissioner(Retd) and Dr. M.M.Ansari, Information
Commissioner(Retd) (of Central Information Commission) was constituted to
recommend, interalia, measures to further strengthen implementation of Section 4 of
the RTI Act, 2005. The Committee has, interalia, made the following recommendations
which have been duly accepted by the competent authority:-

1) All the details of the public authority may be uploaded on its website.
Access to information should be made user-friendly for which appropriate
information technology infrastructure should be suitably designed,
developed and operationalised.
2) All the training modules for professional upgradation of employees should
incorporate matter relating to the virtues of transparency and open
government and RTI law.
3) In order to minimise the burden of servicing RTI applications. the public
authorities with high public dealings should put in place an effective
system to redress the grievances of affected persons. At the sub-
organisational levels, there should be cooperation and coordination
between the Central Public Information Officers and the officers
responsible for addressing public grievances.
4) In order to reduce the number of RTI applications relating lo service
matters, the information relating to recruitment, promotion and transfers
should be brought into public domain promptly.
5) The retention and maintenance of specific documents for specified
duration should be clearly spelt by each public authority in respect of its
documents.
2. All the · public authorities are requested to follow the above
recommendations.

S-.--A� )"'_,_
, --
(Sandeep Jain)
Director
Tel: 23092755

1) All Ministries/Departments of Govt of India


2) Union Public Service Commission /Lok Sabha Secretariat I Rajya Sabha
SecretariaV Cabinet SecretariaV Centr�I Vigilance Commission/
President's Secretariat/ Vice-President's Secretariat/ Prime Minister's
Office/ NIT! Ayog/ Election Commission.
3) Central Information Commission/ State Information Commissions.
4) Staff Selection Commission, CGO Complex. New Delhi.
5) The Comptroller and Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.
6) Director, Lal Bahadur Shastri National Academy of Administration,
Mussoorie-248179, Uttarakhand
7) Director, Institute of Secretariat Training and Management, Old JNU
Campus, Olof Palme Marg, New Deihl.

Copy to:

Chief Secretaries/ All State Governments


F. No. 1/34/2013-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Deihl
Dated the 301" June, 2016

OFFICE MEMORANDUM

Subjoct: Roport of tho Committee aet up undor the chairmanship of Dr. Oevosh
Chaturvedl, Joint Secretary, DoP7 to examine tho recommendations of
the Committee of Experts on suo motu disclosure under Section 4 of the
RTI Act, 2005.
... A Commttlee of Experts consisting of Shri A.N. Tiwari, former Chief Information
Commissioner and Or. M.M. Ansari, lnrormation commissioner of Central Information
Commission was conslituted to recommend, inter-a/la, measures lo further strengthen
implementation of Section 4 of the RTI Act, 2005. The Committee submitted its Report
which has been accepted by the Government and an OM dated 29'" June 2015 was
issued to all public authorities to follow the recommendations of the Committee.
Thereafter, OOPT has Issued instructions to all Public Authorities In this regard vlde
O.M. No. 1/1/2013-IR dated 9111 July. 2015 that the Departments must make an analysis
of information which is sought most often from applicants and provide it on their website
as suo-motu disclosure.

2 Competent Authority has further directed that

(1) The Public Authorities shall constitute Consultative Committees


consisting of office bearers of key stakeholder, association on rotational
basis lo have a systematic and regular interaction between the officials
of the Public Authorities to advice what information to be uploaded as
suo motu.

(2) 'Information and Facilitation Centres' (IFCs) may be set up in each


public authority, where pubtic dealing is involved to educate the citizens
about the information I documents available on the website of the
department concerned and to provide printed publications to the
citizens the categories of information that are frequently being sought
under the RTI Act and provide copies of information as per RTI Rules.
2012.

--2/-
-2·

(3) In each public authority, a commltlee or PIOs and FAAs with rich
experience or dealing with RTl applications and appeals is set up to
identify the categories or information that are frequently asked by
applicants. Such inronnation must be disclosed in the public domain to
make rt more user friendly and should also be reviewed at regular
intervals.

(4) lnfonnation that is proactivety disclosed must be property categorized


and organised in such a manner that it facilitates easy retrieval.
lnfonnation on the website must be organised in a searchable and
retrievable database to enable people to access the records. The
Nodal orricer or each Public authority be made responsible for this.

(5) Web site, and other medium and publication or each public authority,
relating to Section 4 compliance must carry the date (where appropriate
lot each bit of information) on which the Information was
uploaded/printed.

(6) The task of uooertaking transparency audits may be given to the


respective Training Institutes under each Minislry/OepartmenVPublic
Authority and across the States and Union Territories.

�!is
(Gayatri Mishra)
Director{IR)
Telefax : 23092755
To
All Ministries I Departments.

Copy lo: Chief Secretaries I All Stale Governments I Union Territories.

Copy also to :

(i) �etary, Central Information Commission, August Kranti Bhawan, Bhikaji


7 C;,;-;-a
Place, New Delhi-110066.

� North Block, New Delhi for placing the Office Memorandum on the
website of DoPT.
Chapter-13
Disclosure of file notes, ACRs, Personal
information, third party Information etc.
S.No. File No. Date Subject
1 10/20/2016-IR 21/09/2007 Disclosure of Annual Confidential Reports under the RTI
Act, 2005.
2 1/14/2007-IR 31/10/2007 Disclosure of Information relating to
occurrence/event/matter which took place 20 years back.
3 1/20/2009-IR 23/06/2009 Clarification on disclosure of file noting under the RTI
Act, 2005.
4 8/2/2010-IR 27/04/2010 Disclosure of third party information under the RTI Act,
2005.
5 11/2/2013-IR 14/08/2013 Disclosure of personal information under the RTI Act,
(Pt.) 2005.
6 1/31/2013-IR 08/01/2014 Order dated 20.11.2013 of the High Court of Kolkata in
Writ Petition No. 33290 of 2013 in the case of Mr.
Avishek Goenka Vs Union of India regarding personal
details of RTI applicants – circulation of.
7 1/1/2013-IR 07/10/2016 Uploading of RTI replies on the respective websites of
Ministries/Departments.
8 1/1/2013-IR 20/06/2017 Securing the Personal information including Aadhar No.,
(Pt.) in RTI Applications/Appeals in compliance to Aadhar
Act, 2012 and Information Technical Act, 2000.
No.10/20/2006-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block New Delhi


Dated: the 21" September. 2007

OFFICE MEMORA.'\"DliM

....
Subject: Disclosure of Annual Confidential Reports under the RT! Act. 2005 .

The undersigned is directed to say that a number of applications are


received under the Right to Information Act. 2005 requesting for supply of
copies of Annual Confidential Reports (ACRs) of employees. The matter
regarding disclosure of the ACRs under the Act has been examined in
consultation with the Department of Legal Affairs.
2. Clause G) of sub-section (1) of section 8 of the RTI Act provides that
there is no obligation to give any citizen an information which relates to
personal information and disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion of
privacy of the individual unless the Public Information Officer or the
Appellate Authority. as the case may be. is satisfied that the larger public
interest justifies the disclosure of such information. An ACR contains
information about the character. capability and other attributes of the official
reported upon, disclosure of which to any other person amounts to cause
unwarranted invasion of the privacy of the individual. Besides. an ACR, as its
name suggests. is a confidential document. The Official Secrets Act. 1923 is
not completely superseded by the Right to Information Act. Sub-section (2J
of Section 8 of the 2005 Act gives a discretion to the public authority LO
disclose or not to disclose the ACRs of an officer to himself or to any other
applicant.
3. It is clear from the above discussion that the public authority is not
under obligation to disclose ACRs of any employee to the employee himself
or to any other person inasmuch as disclosure of ACRs is protected b) clause
U) of sub-section (l) of Section 8 of the RTI Act; and an ACR is a
confidential document. disclosure of which is protected by the Official
Secrets Act, I 923. However. the public authority has a discretion to disclose
the Annual Confidential Reports of an employee to the employee himself or
to any other person. if the public authority is satisfied that the public interest
in disclosure outw eighs the harm to the protected interests. If it is felt that
public interest in disclosure of ACR of an) employee outweighs the protected
interests. decision to disclose the ACRs should be taken with the approval of
the competent authority. Competent authority in the matter may be decided by
the concerned public authority.

(K.G. Verma)
Director
Tel. No. 23092158
To

l. A 11 the Ministries Departments of the Government of India


2. Union Public Service Commission/ Lok Sabha Seen. Ran a Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission I
President's Secretariat Vice-President's Secretarial! Prime Minister's
Office/ Planning Commission I Election Commission
3. Central Information CommissionState Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, JO. Bahadur Shah
Zafar Marg, New Delhi.
6. All officers.Desks 'Sections, Department of Personnel & Training and
Department of Pension & Pensioners Welfare.
No.1/14/2007-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
I

New Delhi, the 3 ls. October, 2007


OFFICE MEMORAUD:\-1

Subject: Disclosure of information relating to occurrence/event/matter which took


place 20 years back.
*****
Attention is invited to sub-section (3) of section 8 of the Right to
Information Act, 2005 (Act) which provides that 'subject to the provisions of
clauses (a), (c) and (i) of sub-section (1), any information relating to any
occurrence, event or matter which has taken place, occurred or happened twenty
years before the date on which any request is made under Section 6 shall be
provided to any person making a request under that section'. References have been
received in this Department seeking clarification whether the above provision of
the Act requires all the records to be preserved for more than a period of 20 years.
The Second Administrative Reforms Commission, in its First Report titled the
'Right To Information - Master Key to Good Governance'. has also expressed an
apprehension about interpretation of the above provision with reference to the
retention schedule of the files.

2. The RT! Act does not prescribe a record retention schedule. The records are
to be retained by a public authority as per the record retention schedule applicable
to that public authority. It is, however, important to note that weeding out of a file
or any other record does not necessarily result into destruction of all the
information contained in that file or record. It is possible that information
generated in a file may be available in the form of an 0:\1 or a Jetter or in any other
form even after the file has been weeded out. The above referred provision of the
Act requires furnishing of information so available after the lapse of 20 years even
if such information was exempt from disclosure under sub-section ( l) of Section 8.
It means that the information which. in normal course, is exempt from disclosure
under sub-section (1) of Section 8 of the Act, would cease to be exempted if 20
years have lapsed after occurrence of the incident to which the information relates
However, the following types of information would continue to be exempt and
there would be no obligation, even after lapse of20 years, to give any citizen -

(i) Information disclosure of which would prejudicially affect the sovereignty


and integrity of India, the security, strategic, scientific or economic interest
of the State, relation with foreign state or lead to incitement of an offence;
(ii) Information the disclosure of which would cause a breach of privilege of
Parliament or State Legislature: or /
(iii) Cabinet papers including records of deliberations of the Council o
Ministers, Secretaries and other Officers subject lo the conditions giverr in
proviso to clause (i) of sub-section ( l) of Section 8 of the Act.

3. Contents of this 0:\11 may be brought to the notice of all concerned.

�8 Director

I. All the Minisrries I Departments of the Government of India


2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President's
Secretariat. Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
6. All officers 'Desks Sections. Department of Personnel & Training and
Department of Pension & Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs.


-
No.1/20/2009-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated: the 23rd June, 2009

OFFICE MEMORANDUM

Subject: Disclosure of 'file noting' under the Right to Information Act, 2005.

***
The undersigned is directed to say that various Ministries/Departments etc.
have been seeking clarification about disclosure of file noting under the Right to
Information Act, 2005. It is hereby clarified that file noting can be disclosed
except file noting containing information exempt from disclosure under section 8 of
the Act.

2. It may be brought to the notice of all concerned.

1. All the Ministries I Departments of the Government of India


2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, I 0, Bahadur Shah Zafar
Marg, New Delhi.
6. All officers/Desks/Sections, DOP&T and Department of Pension &
Pensioners Welfare.

Copy to: Chief Secretaries of all the States/UTs.


No. 8/2/2010-IR
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
***
North Block, New Delhi- I I 000 l
Dated: the 2 ?1h Apri I, 20 I O

OFFICE MEM.ORANDUM

Subject: Disclosure of third party information under the RTI Act, 2005.
***
The undersigned is directed to say that the Government; in a number of
cases makes inter departmental consultations. In the process, a public authority
may send some confidential papers to another public authority. A question has
arisen whether the recipient public authority can disclose such confidential
papers under the RTI Act, 2005. If yes, what procedure is required to be
followed for doing so.

2. Section 11 of the Act provides the procedure of disclosure of 'third


party' information. According to it, if a Public Information Officer (PIO)
intends to disclose an information supplied by a third party which the third party
\

has treated as confidential, the PIO, before taking a decision to disclose the
information shall invite the third party to make submission in the matter. The
third party has a right to make an appeal to the Departmental Appellate
Authority against the decision of the PIO and if not satisfied with the decision
of the Departmental Appellate Authority, a second appeal to the concerned
Information Commission. The PIO cannot disclose such information unless the
procedure prescribed in section 11 is completed.

3. As defined in clause (n) of Section 2 of the Act, 'third party' includes a


public authority. Reading of the definition of the term, 'third party' and Section
J1 together makes it clear that if a public authority 'X' receives some
information from another public authority 'Y' which that public authority has
treated as confidential, then 'X' cannot disclose the information without
consulting 'Y', the third party in respect of the information and without
following the procedure prescribed in Section 11 of the Act. It is a statutory
requirement, non-compliance of which may make the PIO liable to action.

4. The Public Information Officers and the First Appellate Authorities


should keep these provisions of the Act in view while taking decision, about
disclosure of third party information in general and disclosure of the third party
information, when third party is a public authority, in particular.

5. Hindi version will follow.

(K.G. VERMA)
Director
Tei: 23092158

Copy to:

1. All the Ministries/Departments of the Government of India.


2. Union Public Service Commission/Lok Sabha Secretariat/Rajya Sabha
Secretariat/Cabinet Secretariat/ Central Vigilance Commission/
President's Secretariat/Vice-Presidents's Secretariat/Prime Minister's
Office/Planning Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi.
5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
6. All Officers/Desks/Sections, Department of Personnel & Training and
Department of Pension & Pensions Welfare.

Copy to: Chief Secretaries of all the States/UTs.


No. 1112/2013-CR (Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi,


Dated thef'1th August, 2013

OFFICE MEMORANDUM

Subject: Disclosure of personal information under the RTI Act, 2005.

The Central lnfonnation Commission in one of its decisions (copy enclosed)


has held that information about the complaints made against an officer of the
Government and any possible action the authorities might have taken on those
complaints, qualifies as personal infonnation within the meaning of provision of
section 8 (1) (j) of the RTI Act, 2005.

2. The Central Information Commission while deciding the said case has cited
the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC
and others (SLP (C) no. 27734/2012) in which it was held as under:-
"The performance of an employee/Officer in an organisation is primarily a mailer
between the employee and the employer and normally those aspects are governed by
the service roles which fa/! under the expression 'personal tnformation', the ·
disclosure of which has no relauonship to any public activity or public interest. On
the other hand, the disclosure of which could cause unwarranted invasion of the
privacy of that individual." The Supreme Court further held that such information
could be disclosed only if it would serve a larger public interest.
3. This may be brought to the notice of all concerned.

Encl: As above.
!11C>vvl 7 fc:;, [
(M�oj Joshi)
Joint Secretary (AT&A)
Tel: 23093668

I. All the Ministries I Departments of the Government of India.


2. Union Public Service Commission /Lok Sabha Secretariat/ Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/ State lnfonnation Corn.missions.
4. Staff Selection Commission, CGO Complex. !\cw Delhi.
5. 0/o the Comptroller & Auditor General of India, 10, Bahadw Shah Zafar Marg,
cw Delhi.
6. All officers/Desks/Sections, DOP&T and Department of Pension & Pensioners
Welfare.
,. Central Information Commission, New Deihl
File No.CICfSMIA/2013/000058
Right to Information Act-2005-Under Section (19}
)

Date of hearing 26/0612013

Date of decision 26/06/2013

Name of the Appellant Sh. Manoj Arya,


(RTI Activists and Social Worker) 67, Sec·
12, CPWD Flats, R � Puram, New Delhi
·110022

Name of the Public Authority Central Public Information Officer,


Cabinet Secretariat,
(Vigilance & Complaint Cell), 2nd Floor,
Sardar Patel Bhawan, New Delhi ·110001

The Appellant was not present in spite of notice.

On behalf of the Respondent, Shri M.P. Sajeevan, DS & CPIO was


present.

The third party, Shri SB Agnihotri, DG (DEF. ACQ) MoD was present.

Chief Information Commissioner Shri Satyananda Mishra

2. We heard the submissions of both the respondent and the third party in

the case.

3. In his RTI application, the Appellant had sought the copies of the

complaints made against the third pany in the case and the details of the action

taken including the copies of the enquiry reports. He had also wanted the

copies of the correspondence made between the Cabinet Secretariat and the

Ministry of Shipping in respect of the third party in the case. The CPIO after

consulting the third party under Section 11 of the Right to Information Act, had

ClC/SM/A/20131000058
, ..
refused to disclose any such information by claiming that it was· personal in

nature and thus exempted under the provisions of section 8(1) (j) ot the A1gh1 to

lnforrnation (RTI) Act. Not satisfied with this decision of the CPIO, the Appellant

had preferred an appeal. The Appellate Authority had disposed cf the appeal in

cl spea�lng order ir whic� he had e:-dors� t:-e cecislon cf the C?lC

4. We have carefully gone through the contents of the RTI application and

the order of the Appellate Authority. We have also considered the submissions

of both the respondent and the third party in the case. The entire information :

sought by the Appellant revolves around the complaints made against an officer I

of the government and any possible action the authorities might have taken on

those complaints. The Appellate Authonty was very right in dec1d1ng that this

entire class of information was qualified as personal information within the

meaning of the provisions of Section 8 (i} (!) of the RTI Act. !n this connection. it
is very pertinent to cite the decision of the Supreme Court of India in the SLP(CJ

No. 27734 of 2012 (Girish R Deshpande vs CIC and others) in which 11 has held

that "the performance of an employee/Officer in an organisation is primarily a

matter between the employee and the employer and normally those aspects

are governed by the service rules which fall under the expression personal

information, the disclosure of which has no relationship 10 any pubhc activity or

public interest. On the other hand, the disclosure of which could cause

unwarranted invasion of the privacy o1 that individual." The Supreme Coun

further held that such information could be disclosed only if rt would serve a

larger public interestjThe information sought by the Appellant in lh1s case rs

about some complaints made against a government oflicial and any possible

action the authorities might have taken on those complaints. It is, thus, clearly

the kind of information which is envisaged in the above Supreme Court order.

Therefore, the inlonnation is completely exempted from disclosure under the

provisions of the RTI Act which both the CPIO and the Appellate Authonty have
CICISM/A.'2013/000058
rightly cited in their respective orders.

5. We find no grounds to interfere in the order of the Appellate Authority.

The appeal is rejected.

(Satyananda Mishra)
Chief Information Commissioner

Authenticated true copy. Additional copies oi orders shall be supplied agains1


application and payment ot the charges prescribed under the Act to the CPIO ol this
Commission.

(Vljay Bhalla)
Deputy Registrar

CIC!SMiA..'20i 3!000CSS
F. No. 1/1/2013-IR (pt.)
Government or India
Mioislly or Personnel, Public Grievances and Pensions
Department of Personnel and Training
IR (Division)

North Block. New Delhi


Dated 20"' June, 2017
Office M9morangum
Subject· Securing lhe Personal lnrormatlon lnduding Aadhar No.. In RTI Applications/
Appeals in compliance to Aadhar Act 2016 and Information Technical Act. 2000.

The undersigned Is directed to refer to this dopartmenrs OM of even no. dated


21.10.2014, 23.03.2016 and 07.10.2016 vlde which it has been requested that personal
Information of an RTI apphcant should not be disclosed, while uploadin9 the appllcallon/ appeal
etc. on the public domain! websites.

2. In this context, it is to be stated that Ministry of Electronics And Information Technology


(Meity) have circulated guidelines for securing Identity information and Sensitive personal data
or information in compliance to Aadhar Act. 2016 and Information Technology Act, 2000,
wherein they have instructed that personal particular and information induding Aadhar No. etc.
should not be published in public domaintwebsites etc.

2. tn lliew of the above. it is requested that all Ministries/Departments of Govt. of India


inctua,ng lhe su!lordillate offices may ensure the following while handling RTI applications viz.
receiving. replying and uploading on websttes etc.:·

(a) the perscnal information details like Aadhar no. should not be asked for while
hand/mg RT/ applications.

(b) that the Aadhar no. or SJJCh other personal infonnation is hidden from public view
while uploacf,ng the RT/ applicaoonsl Appeals! Replies to the RT/ applications on
websites, ii Aadhar no. is mentioned therein.


(Pre �ti Khanna)
Under Secretary to the Govt of India

To

All M,nistries/Department ol Govt of India


No. 1/3112013-IR
Government of India
M,nistty of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Deihl,

Dated the a" January, 2014

QffJCE MEMORANDUM
Subject: Order dated 20.11.2013 of the High Court of Kolkata In Writ Petition
No 33290 of 2013 in the case of Mr. Avishek Goenka Vs Union of
India regarding personal details of RTI applicants - circulation of.

In compliance of the directions of the Hon'ble High Court of Kolkata


in its said order. a copy of the judgement (order) Is enclosed herewith for
app<opriate action.

2. This may be brought lo the notice of all concerned.

'S:,�.)"�
(Sandeep Jain)
Director
Tele: 23092755

1. All Minislries I Departments of the Government of India


2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Saha Sectt.
/Cabinet Seclt I Central Vigilance Commission I President's Secretariat I
Voce President's seen, I Prime Minister's Office I Planning Commission I
Election Commision
3. Central Information Commission I State tnfo11T1ation Commissions
4. Staff Selection Commission, CGO Complex. New Delhi.
5. Office of the Comptroller & Auditor General of India. 10, Bahadur Shah Zafar
Marg, New Delhi.
6. All Offiee<s/Oesks/Sections/Department of Personnel & Training, the
Department of Administraive Reforms and Department of Pension &
Pensioners'Welfare.

Copy to: Chief Secretaries of all the States/UTs.


..
10 20.11 •
2013
W.P. 33290(Wt of2013

P.lr. Avi.shck Oocnka petitioner tin person).

Mr. Asish Kumar Roy,


M.. Oargl Mukherjee For the respondents.

The petitioner it 11pp�uring in persen.


The "'ril petitioner claiming to be an o.ctivl:1t In
the raeld or right re information, has approached ua by
nling the present wrlt petition with the pr(U'er, the
authority should not insist upon the detailed fiddre11s of
the applk:unt as and when any application is made under
the Right to Information Act. He apprehends, the
interested parties would cause a threat to the activist and
in fact there had been past incidents or unnatural deaths
or actl\•lst in the field, presumably by the interested
persons having veered interest to conceal the information
that is asked for by the activist.
The petitioner submits, the authority may not
insist upon the detailed address particularly when the
applicant would provide a particular post box number
that would automatically oonceal their identity to the
public at largo.
\Ve hove considered the relevant provisions of
the statute. Section 6f2J o( the Right to Information Act.
2005 would clearly provide, an applicant making request
for informatioll shall not be required to give any reason
for requesting the Ulformation or any other personal
details except those that may be necessary for
contacting him.
Looking to the said provision. \VC find logic in
the submission or the petitioner, When the legislature
thought it fit, the applicant need not disclose any
pcrso.naJ detail, the authority shouJd not insist upon his
2

detailed whereabouts po..rticulatly when po.st box number


ls provided for that woukl establish contact with him and
the au Lhority.
In case. the authority would flnd any difficulty
with the post box number, they ma.y lnsl:n upon personal
details. However. in auch case, lt would be the solemn
duty of the authority to hide auch i.nrormotlon Md
pan.Cularly from their website ee that people at lo.rge
would not know or the detail»:.
We thus dispose or this writ petition by making
the observations as above. The Secretary, Mini11Lry of
Personnel should c,rculat.e the copy or thi, order to call
concerned ao that the authority can take appropriate
measure to hide lnformodon wtth regard lO personal
details or the activist to nvokl any harassment by the
peraona ha•ing vested tnrereae.
The writ petition Is disposed or without any
order as to costs.
Urgent certified copy of this order. if applied for,
be given to the panits, on prloricy basis.

( Doner-Jee, Ac-ting Chl•f Juatfce)

( 0.-ba.n:gsu Ba3ak, J.}


F.No. 1/112013-IR
Government of India
Minist,y of Personnel, Public Grievances arid Pensions
...
Department of Personnel and Training

North Block, New Delhi


Dated the 7•h October, 2016

OFFICE MEMORANDUM

Subjoct- Uploading of RTI replies on tho rospoctivo wobsitos of


Ministries I Dopar1ments

Attention is invited to pare 1.4.1. of tho enciosed guldelines referred to in


this Deptt.'s O.M. No.11612011-IR dated 15.04.2013, for implementation of sue-
motu disclosure under Section 4 of the RTI Act, 2005, which states as follows:-

"All Public Authorities shall proacl/vely disclose RT! applications and


appeals received and their responses, on the websffes maintained by
Public Authorities with search facility based on key words. RT/
applications and appeals received and their responses relating to the
personal infonnation of en individual may not be disclosed, as they do not
se,ve sny public interest."
2. Further vide O.M. No.1/112013-IR dated 21.10.2014 on the issue of
uploading of RTI replies on the respective websites of Ministries I Departments,
DoPT had requested that:
"RT/ applications and appeals received and /heir responses relating to
the personal information of an individual may not be disclosed, if they do
not serve any public interest".

3. Now. keeping in view the directions dated 20.11.2013 of Hon'ble High


Court of Kolketa in Wrij Petition No.3329012013 in the case of Mr. Avlshek Goenke
Vs Union of India regarding personal details of RTI applicants, it is clarified that
while proactively disclosing RTI applications and appeals received and responses
thereto, on their website, the personal details of RTI applicant/appellant should
not be disclosed as they do not serve any public Interest. It is further
clarified that the personal details would include name, dosignatfon, address,
e-mail id and telephone no. including mobile no. of the applicant.

��
(Gayatr1 Mishrar-
Director (IR)
Tele:23092755
To

All Public Authorities


F. No. 111/2013-IR (Pl)
Govcrnmenl of India
Ministry of Personnel. Public Gnevances and Pensions
Depanmenl or Personnel and Training
IR (Division)

North Block, New Deihl


Dated 20" June, 2017
Qffico Memorandum
Subject:· Securing lhe Penonal lnfoonallon Including Aadhar No.. In RTI Applications/
Appeals in compliance lo Aadhar Aci, 2016 and lnformalion Technical Acl, 2000.

The undersigned Is directed lo refer lo this departments OM of even no. dated


21.10.2014, 23.03.2016 end 07.10.2016 vlde which ii has been requested that personal
Information of an RTI applcant should nol be dlsdosed, while upiOading the appficalionl appeal
ere, on Ille plJblic domain/ websites.
2. In this ceotext, ii is to be stated lhat Ministry or Electronics And Information Technology
(Meily) have circulated guldetines for securing Identity Information and Sensitive personal data
or Information In compliance to Aadhar Act, 2016 and Information TechnoiOgy Act, 2000,
wherein they have instructed thal personal particular and information including Aadhar No. etc,
should not be published in public domain/websites etc.

2. In view ol the above, It is requested that all MinistrieslDeparlments or Govt. of India


induding the subor<fanate offices may ensure the follow.ng while handling RTI applications viz.
receiving. replying and uploading on websites etc.i-

(aJ the perscnal information deta�s like Aadhar no. should not be asked for whits
handf,ng RT/ appliaitions.

(b) that the Aadhar no. or such other personal information is hidden from public view
while uploading the RT/ applications/ Appeals/ Replies to the RT/ applications on
website� if Aadhar no. is mentioned therein.


(Pre:;Khanna)
Under Secretary to the Govt. of India

To

Al Ministries/Oepartmenl of Govt of India


Chapter-14
Can ‘Reasons’ be asked under RTI Act
S No. File no Date Subject
1. 1/7/2009-IR 01/06/2009 Decision dated 3.4.2008 of the High Court of Bombay at Goa in
Writ Petition No. 419 of 2007 in the case of Dr.Celsa Pinto Vs.
Goa State Information Commission regarding information
under the Right to Information Act, 2005.

2. 1/7/2009-IR 20/05/2011 Decision dated 03.04.2008 of the High Court of Bombay at Goa
in Writ Petition No. 419 of 2007 in the case of Dr. Celsa P into
Vs. Goa State Information Commission regarding Information
under the Right to Information Act, 2005.
No.117/2009-IR
Government oflndia
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated: the 1'1 June, 2009

OFFICE MEMORANDUM

Subject: Decision dated 3.4.2008 of the High Court of Bombay at Goa in Writ Petition
No.419 of 2007 in the case of Dr. Celsa Pinto Vs. Goa State Information
Commission regarding information under the Right to Information Act, 2005.
****
The undersigned is directed lo say that the High Court of Bombay at Goa in the above
referred case has held on 3.4.2008 that the term 'information' as defined in the Right to
Information Act does not include answers to the questions like 'why'. The relevant part of the
judgement is reproduced below:

"The definition of information cannot include within its fold answers to the
question "why" which would be same thing as asking the reason for a
justification for a particular thing. The public information authorities cannot
expect to communicate to the citizen the reason why a certain thing was done
or not done in the sense of a justification because the citizen makes a
requisition about information. Justifications are matter within the domain of
adjudicating authorities and cannot properly be classified as information."

2. This may be brought to the notice of all concerned.

(K.G. Verma)
Director
Tel: 23092158

I. All the Ministries I Departments of the Government of India


2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Secretariat/ Cabinet
Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice-President's
Secretariat/ Prime Minister's Office/ Planning Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, 10, Bahadur Shah Zafar Marg, New
Delhi.
6. All officers/Desks/Sections, DOP&T and Department of Pension & Pensioners
Welfare.

Copy to: Chief Secretaries of all the States/U'Ts.


No.l/7/zoot-lR
Gowmme11tof India
Ministry al Pfl'IOIMI. Pwllc � Pfflsklinl, a
.......
0.,.,.Mnt of ,.l'ICMII .. I & Tndnl ..

North IIOQ, New Oelht


Dlhld th• 20- MIV, 2011.

omq MIMQIANQUM

Subject : Oec:lllon ut8CI QI CM. ZOOI at tile Hllh Court of 11on111, It Goe In Witt Pwdllul1 NoAll
of z«/1 ffl h C11M ol or. c...a Pll'llo YI. Goe stltit tnfoffl--. COmnslr;ew1....,...,.
�n under the IWit to •lfDn1•tlol1 Act, 2005.

The unde,sllned Is dli"ected to lnvt1a ltteqtlotl to this �nt', Offa Memorandum


of even number dat.d 1• June, 2009 on the 5Ubject· fflefltioned atiov. (a,py endoad) Ind to say
that fOfM JMl10fl5 hive obNIWd that tM Hllh Cawt of 8omb1Y fl Goa ln thl ·� ..-flmd cue
did not uise, the word 'llke' In tM Judg«fnent and that lndu5ion of tNs word In the O.M. Nfof9 the
word 'why Is aollnc confusJon. It Is Mreby mted that th• won! 1JU' used ti.for• ti• word
'wh( In lln,e 3 of Che 0. M. m.y be truted as dNted. The relevant l)lrt of tht Judpment • 1Pln
bml quoted below :
� deflnltlo.n of WorrMtlon cannot Include within kts fold 1nswers to the quesUon •whV"'
whKh woutd be ame thfrw as uklnl the_ reason for • ).usttflcluon fO( • ptrtlcultr thlf'I.
n. pu_bllc Information authofttia cannot a:pec:t to c:omnwnk:ate to the dtlan the ruson
why • ,ert1Jn thine -.s done or not done In the serlSie of a ,lustlf'IQtJon beallSe the cttlten
m.kes • requlsltlon about lnfonnatlon. Justfflc:at»ons .. m.au« wtthlo the domain of
adjudlca1ln, authortti.s and cannot properly be dassltled u Information.•

2. This mr( be bfOYCht to tht notice of aD conC9med.

8� (U.Venne)
Director
Tele : 23092iSI

1. Al the Mlnlstrlet/OeP1rtmenU of die Govffllment of lndla.


2. Unlofl Publlc S.MCI Commission/Lok Sabha Secretartl1/l'INS SabN s«relarllt/C'.lbtriet
Secreta11at/Central �nee Commission/ Pr.isldenf's secrt�ent's
Secn!!t.ll:lat/Prtme Mlnl5ter"s � CommlssJO:n/Electlon Commission.
3. Central lnformatk>n Commhslon/State lnform1tlon Conmlsslons.
4. Stiff Selectlon commission, cGO COMple,c. New oetht ·
s, Office of the Comptrollff & Auditor c..ner.i of lncfla, 10 Blhadur SMh z.fmr Mara. New
�ht
6. All offlcersll)es�lons. OOPftT Ind O.pa11tn•nt of hnsk>n & "-nsioften V.'tlfw •·
Chapter-15
Issues relating to Information Commissioners

S.No. File no Date Subject


1. 1/1/2009-IR 22/05/2009 Clarification on constitution of Bench by Central
Information Commission (CIC).
2. 1/1/2009-IR 22/05/2009 Clarification on constitution of Bench by State
Information Commission (SIC).
No. l/ l/2009-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated: the 22"d May, 2009

To
The Secretary,
Central Information Commission,
August Kranti Bhawan,
Bhikaji Cama Place,
New Delhi
Sir,

I am directed to say that the Right to Information Act, 2005 provides that a
person can make a complaint or an appeal to the Central Information Commission
or the State Information Commission, as the case may be, in the circumstances as
provided in the Act and that the concerned Commission may take action on the
complaint or appeal in accordance with the provisions of the Act.

2. It is observed that the Central Information Commission and some State


Information Commissions are taking decisions on the complaints and the appeals
by constituting Benches. The matter has been examined in consultation with the
Department of Legal Affairs who have pointed out that the Central Information
Commission or the State Information Commissions could function through
Benches only if there was a specific provision in the Act regarding constitution of
Benches. That Department has further opined that provision of Section 12(4) of
the RTI Act does not empower the Chief Information Commissioner to constitute
the Benches.

3, In view of this legal position, it is advised that decisions on the complaints


and appeals should be taken by the Central Information Commission as defined in
Section 2(b) of the RTI Act, 2005 and not by the Benches of the Commission .


(K.G. Verma
22 MAY2009 Director
Tel: 23092158
��/ISSUE
�/$lg .

.....
No.1/1/2009-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi


Dated: the 22•d May, 2009

To�
The Chief Secretaries of all the States

Sir,

I am directed to say that the Right to Information Act, 2005 provides that a
person can make a complaint or an appeal to the Central Information Commission
or the State Information Commission, as the case may be, in the circumstances as
provided in the Act and that the concerned Commission may take action on the
complaint or appeal in accordance with the provisions of the Act.

2. It is observed that the Central Information Commission and some State


Information Commissions are taking decisions on the complaints and the appeals
by constituting Benches. The matter has been examined in consultation with the
Department of Legal Affairs who have pointed out that the Central Information
Commission or the State Information Commissions could function through
Benches only if there was a specific provision in the Act regarding constitution of
Benches. That Department has further opined that provision of Section 12(4) or
Section 15(4) of the RTI Act does not empower the Chief Information
Commissioner to constitute the Benches.

3. ln view of this legal position, you are requested to advise the State
Information Commission that decisions on the complaints and appeals should be
taken by the State Information Commission as defined in Section 2(k) of the RTI
Act, 2005 and not by the Benches of the Commission.

Yours faithfully,

'
(K.G. Verma)
Director
Tel: 23092158
Chapter-16
Supreme Court Judgement regarding opinion / advice

S.No. File no Date Subject


1. 1/18/201 1-IR 16/09/2011 Observation of Honourable Supreme Court on Right to
Information Act, 2005 in Civil Appeal no.6454 of 2011, arising
out of SLP (C) No.7526/2009 in the case of Central Board of
Secondary Education and Anr.Vs. Aditya Bandopadhyay and
Ors.
-

No.1/18/2011-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
•••••
North Block, New Delhi
Dated: theJ6tJ.September, 2011

Subject:Observation of Hon'ble Supreme Court on Right to Information Act, 2005 in


Civil Appeal no.6454 of 2011, arising out of SLP [CJ No.7526/2009 in the case
of Central Board of Secondary Education & Anr. Vs. Aditya Bandopadhyay &
Ors.
• •••
The undersigned is directed to invite attention to this Department's O.M.
No.1/4/2009-IR dated 05.10.2009 whereby a Guide on the Right to Information Act.
2005 was circulated. Para 10 of Part I of the Guide, inter alia, stated that 'only such
information can be supplied under the Act which already exists and is held by the
public authority or held under the control of the public authority. The Publlc
Information Officer is not supposed to create information; or to interpret
information; or to solve the problems raised by the applicants; or to furnish replies
to hypothetical questions.' The same issue has been elaborated by the Supreme
Court in the matter of Central Board of Secondary Education & Anr. Vs. Aditya
1
Bandopadhyay & Ors. (Civil Appeal No.6454 of 2011) as follows:

"At this juncture, it is necessary to clear some misconceptions about the RTI
Act. The RTI Act provides access to all information that is available and
existing. This is clear from a combined reading of section 3 and the
definitions of 'information' and 'right to information' under clauses (f) and
U) of section 2 of the Act. If a public authority has any information in the
form of data or analysed data, or abstracts, or statistics, an applicant may
access such information, subject to the exemptions in section 8 of the Act.
But where the information sought is not a part of the record of a public
authority, and where such information is not required to be maintained
under any law or the rules or regulations of the public authority, the Act
does not cast an obligation upon the public authority, to collect or collate
such non available information and then furnish it to an applicant. A public
authority is also not required to furnish information which require drawing
of inferences and/or making of assumptions. It is also not required to
provide 'advice' or. 'opinion' to an applicant, nor required to obtain and
furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion'
. : .•. or 'advice' in the definition of 'information' in section 2(f) of the Act, only
-
refers to such material available in the records of the public . author.ity. Many
public authorities have, as a public relation exercise, provide advice,
guidance and opinion to the citizens. But that is purely voluntary and should
not be confused with any obligation under the RTI Act."

3. This may be brought to the notice of all concerned.


,
(K.G. Verma
Joint Secretary(RTI)
Tel: 23092158

1. -All the Ministries I Departments of the Government of India


2. Union Public Service Commission/Lok Sabha Sectt./Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigilance Commission/ President's Secretariat/
Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
6. All officers/Desks/Sections, DOP&T and Department of Pension & Pensioners
Welfare.

Copy to: Chief Secretaries of all the States/UTs.


Chapter - 17
RTI RULES
S.No. File No Date Subject
1 3401 2/8/(S)/2005-Estt(B) 16/09/2005 Right to Information (Regulation of Fee and Cost)
Rules, 2005
2 34012/8/(S)/2005-Estt(B) 27/10/2005 Right to Information (Regulation of Fee and Cost)
(Amendment) Rules, 2005
3 3401 2/8/(S)/2005-Estt(B) 1 7/05/2006 Right to Information (Regulation of Fee and Cost)
Amendment Rules, 2006
4 1/35/2009-lR 31/7/2012 Right to Information Rules, 2012
MlNISTRY OF PERSONNEL, PUBLIC GRllWANCES AND PENSIONS
(Dcp�rtmcntof Personnel and Tr:ainiui:)
New Pel hi, tbe 16th September; 2005
G.S.R. 336 .....:..In exercise of the powers confer�ed by clauses (b) and (c) of sub-section (2) of Section 27 oft he
Right to lnfonration Act, 2005 (22 of 2005), the Central Government hereby makes the following mies, namely:-
1. Short title and commenccmcnt.-{l) These rules maybe called t11eRightt.::,JJ1formntion (Regulation offeeand
Cost) Rule.s, 2005. ·

..
(2) They shall come into force on the date of their publication in the Officinl Gnzcuc.
"
2. Dcfinitlon11--In the rules, unless the context otherwise rcquircs.-
(a) ',Act' means the rught to Jnfom1atio_n Act, '2005;
(b) 'section' means section of the Act;
(c) · all other words and expressions used herein but not dcfiued and defined in the Act shall have the meanings
assigned to them in the Act. ' ·
3. A request for obtauiing iuformation under sub-section (1) or Section 6 shull be accompnrncd Ly an application
rec.of rupees ten by way of cash against proper receipt or by demand dr:t'n or bankers cheque p�yab!� ic the Accounts
Officer of the public authority. ·
A. for providing the information under sub-section' (I) of Section 7, the fee sh:111 be charged by \\'HY of cash
· againstproper receipt or by demand draft or bankers cheque payable to the Accounts Officer of the public authority at the
following rates:- · ·
(a) rupees two for each page (in.A-4 or A-3 size paper) created or copied:
(b) actual charge or cosl price of a copy in larger size paper: .
(c) actual cost or price for samples or models; and
(d) for Inspcctlon of records, 110 fee for the first hour; and a fee of rupees live for each fiftccu miuutes (or fr11c1ion
thereof) thereafter,
5. For providing the infonnation under sub-section to) of Section 7. the foe shall be charged by way of cash
against proper receipt or by demand draft or bankers cheque payable 10 the Accounts Officer of the public authority ai the
following rates :-
(a) for information provided in diskette or floppy rupees fifty per diskette-or floppy; and
(b) for Information provided in printed form HI the price fixed for s11d1 public.u,011 or rupees 1\\'0 per page o,
photocopy for extracts from the pubI ication. ·

I -
[F. No. J-,OJ2/8CS)/2005·E.stl(B)]
HART KUMAR Director .

. ,. ... - ,� .
2 THE GAZE.TIE OF INDIA: EXTRAORDINARY (PARTll-8Ec.3(i)] .

MiruSTRY OF PERSON.Nt:L, P\J.BUt: GR.I.EVANt:ES AND PENSIONS

(DepU1ment f!I Pel'IOlllld and Training)


,;_.
<.
-e- .·:S
New Delhi, the 27th October, 2005 . ·.,

. ·,. G.�.R. 649(E).-ln exercise of the powers


con!�� clauses it,)
Jlnd�c) of Sub-section (2/or Sectio� 27
of �e Right to Information Act, 2005 (22 of 2005), the Central Government hereby makes the foUowing rules to amend
the Right to Information (Regulation of Fee and �) Rules. 200�, namely :-
1. Short tlde.·and cOIDmencemeot- (I) These rules may be called the Right to'lnformalion (Regulation ofFcc
and Cost) (Amendment) Rules, 2005. '
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Right-to Information (Regulation of Fee and Cost) Rules, 2005, in rule 4, for clause (d), the following
clause shall be 'substituted, namely :- .
"(d) for inspection of records, DO fee for the fust hour; and a fee of rupees five for each subsequent
hour (or fraction thereof)."
[F. No. 34012/8(5)12005-Estt. (B)J

. T. JACOB, JL Secy.
Note :- The principal nlles were published in the Gazette of India vide Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Tf8.ining) ootilication No. 34-012/8(S)l2005-Bstl(B) da!£d 16th Seplember,
2005. [No. G.S.R. 336 dated 1st October, 2005, Pan n, Section 3, Sub-section (i)).

·�·.

Printed by the Manager, Oovt. of India Prus, Rina Road, Mayapori, New Delhi·l 10064
and Publiabed by the Conuolltr of Poblicationa, Delbi·l 100)4.
2

..
ruE GAZETIE OF IND"IA: EXTRAORDINARY
•l't1JNJSmY OF PERSONNEL, POBLIC GJUEVANCFSANDPEN_Sl9NS
(l)epar1m,e.-t1Penonnel & Trailllllg)
NOlDlCA110N .
[PART Il� J(i)]

•_\<'
c
New Deihl, the 17th May, 2006 � ..
G.S.R. 294(E).-ln exercise of thepowcn con!cmd by cla�es (b) and ,Cc) of Sub-sec:don (2) of �oo 27 of the
Rjgbtto Information Acl..lOOS (22 oClOOS), the Ccntnl ClcM:mment herd,y Qlllkes the following rulesfunhctfll �end the
'
;§ Rightta lnfonnation (Regulation of Fee and Cost) Rules, 200S, namely:-
·� 1. Short Tide llld Commcacemeat.-(1) These rules maybe called the Right to Wormation (Regulatioo ofFeeand
' Coit) Amendment RulC$. 2006. .

;
. (2) They shall come into force oo the date oCtbeiJ publication in the Official Gazene.
2. lo the Right to Information (Regulation o( Fee and Cost) Rules, 2005, - � .
(a) in rule 3, after the words "bankers choq�-. the. words "or Indian Postal Order" shall be inserted ;
(b) in rule 4, after the words ·�en. cheque', � �ds "or Indian Postal Order shall be inserted;
(c) in rule S, after lhe words "bankers cheque", the words Mor Indian Postal Order shall be inserted;
[F. No. 3401218(SYlOO� (B))
C. B. PAUWAL, Jt. Secy.
Note :-The principal rules were published in the Gazette of India, �1ra0rdinaiy. Pan 11. Section 3, �on (i),
dated the I st October, 2005 vitk numbct G.S.R. 3 36 dated the 16th September. 2005 and were amended vide
number G.S.R. 649(E) dated tbe 27th Oculber, 2005. ·

�������������-��-���������������
Prinled by IN Msn:pr, Oo"'. of India
Frts,. Rini; Road, M•y•puri, New D<Lbi-110064
and Publi�d by the Con:olltr of Peblications, Delhi- 1100;4.
MINISTRY OF PERSONNEL, PUBLIC GRlEVANCES AND PENS[ONS
(Department or Persotlnd and Tnining)
NOJmCATION
New Delhi, the 31st July, 2012
GS.R. 603(E).-ln exercise oflhe powers conferred by Section 27 ofthe Right to lnfonnation Act, 2005 (22 of2005)
and in supersession of the Central Information Commission (Appeal Procedure) Rules, 2005 and the Right to Information
(Regulation ofFce and Cost) Rules, 2005 except as respects thing,s done OI' omitted to be done before such supersessio»,
the Central Government hereby makes the following rules, namely:-
1. Short iitle Hd com..,.ncemmt.-{l)Theserulesmaybcc.lled the Rig)11 to lnf�acion Rules, 2012.
,.
(2) They shall come into force on the date of their publication in the Official Gaze.ne.
1.. Dennitloru.-ln these rules, unless the context otherwise rcqulres,-
(a) "Act'' mean.s the Right to lnfonnationAct, 200S (22 of200S);
(b) "Commission" means the Central lnfonnation Commission constituted under sub-section (I) of Section
12 oftheAct; . .
(e) "First Appellate Authority" means an officer in the public authority who inenior in rank to the Central
Public Information Officer to whom an appeal under sub-section (I) of Section 19"of rhe Aet lies,
(d) "RegistlW'' means anofficer of the Commission so designated and includes an Additional Registrar,
Joint Registrar and Deputy Registrar;
(e) "Section" means a Section of the Act;
(!)all other words and expressions used herein but not defined in these rules shall have the same meanings
assigned to thffll in the ACL

'
.L __
-
.. .. -----·---·-. ----- -----
6 THE OAZETIE OF INDIA : EXTRAORDINARY (PART 11-SEc. 3(i))

3. •Applie111ion Fee.-An application under sub-section (I) ofSection 6 of the Act shall be accompenied by a fee
of rupees teoand shall ordinarily notconlain more than five hundred words. excludinganncxures, concaininglddress ofthe
. Central Public lnfonnatioo Officer and that of the applic811t: ·
Providod that no application shall be rejected ooly on lhe ground that it contains m0<1l lhan five hundred words.
4'. Feet for providinc infor•atlonr-fee for providing information under sub-section (4) of Section 4 and
sub-sections (I) and (S) of Section 1 of the Act shall be charged It the following rates, namely:-
(a) rupees two for each page In A·l or smaller size paper;
(b) actual cost or price of a phococo,py in large size paper;
(c) actual cost or price for samples or models;
(d) rupees fifty per diskette or Ooppy;
(e) price fixed for a publication or rupees two per page of photocopy for extraGts from the publicatiOf!;
(l)no fee for inspeaion of records for the first hour of inspection and a (cc of rupees 5 for each subsequent hour
or fraction thereof; and
(g) so much ofposlal charge involved in supply ofittformation that exceeds fifty rupees.
S. En•ptio• rrom "Paymul of Fet.-No fee under rule 3 and rule 4 shall be charged from any person woo is
. below poverty line provided a copy of the certificate issued. by the appropriate Government in this regard is submitted
alongwith the application.
6. Mode of Pay•enl of fee.-Fees und« these rules may be paid in any of the following manner, namely:-
(a) in cash, to the public 8111hority or to the Central Assistanc Public lnfonnllion Officer of the public authority,
as the case may be, against a proper receipt; or ·
(b) by demand draft or bankers cheque or Indian Poscal Order 'payable to the AcC1ounts Officer of �e public
authority; or
(c) by.electronic me111s to the Accounts Officer of the public aulhority, if facility for receiving fees through
electronic me.ins is available with the public authority.
7. Appoillllllent ofScctttary to tbe Co111mlslio.n.-The Central Government shall appoint an officer noc below
lhe rank of Additional Secretary to the Government of India as Sccm.ary to the Commission.
8. kppeal to the CoM111is.sioa.-Any person au,icved by an order passed by the First Appellate Authority or
by non-disposal of his appeal by the First Appellate Authority, may ti lean appal to the Commission in the fonnat given in
the Appendix and shall be accompanied by the following documents, duly authenticated and verified by the appellant.
namely:-
(i) a copy of the application submitted to the Central Public Information Officer;
(ii) acopyofthereply received, ifany, from the Central Public: lnfonnarionOffic:er;
(iiO a copy of the appeal made to the First Appe!late Authority;
(iv) a copy oflhc Order received, if any, from the Fint AppellaceAuthority;
(v) copies of other documents relied upon by the appellant and referred to in his appeal; and
(vi) an index oflhedocumct1tsrcfmed to in the appeal.
9. Returm ofAppeal-An 1ppeal may be returned to chc appellan1, if it is DOI accompanied by the documents as
specified in rule 8, for l'Cl'IJOving the defidencics and fllin'g the appeal complete in al I respects.
10. Process of appeal.-{l)Onreccip<ofan appeal, if the Commission is not s'alisfied thal it is a frtcase to proceed
with, it may, aftCT giving an opponunity of bein& heard to the appellant and after recording iu reasons, dismiss the appeal:
Provided that no appeal shall be dismissed only on lhc ground that it has not been made in the specified format if
it Is accompanied by documents as specified in rule 8.
(2) The Commission shall not consider an appeal unless it is satisfied that the appellant hllS availed of all the
remedies available to him under the Act.

,...
[ ,wr lf-ll'Jl; 3(i)] �-

, (3) For thcpurposcsofsub-rulc(2), a person shall be deemed to have availed of all the remedies available to him
und� the Aci:
(!I) if he had filed an appeal before the First Appellate Autho,-ity and the First Appellate Authority or any ocher
person C0111petcn110 pass oroer on such appeal bed made a final or� on the appeal; or
.Cb)° where no fmal order has been made by the First Appellate Authority wilh l"CJanl to the appeal preferred, ind
a period of forty five days from the date on which such appeal was preferred has elapsed.
11. Prwc:duc for deddlag 1ppuls.-The Commiuion, whilcdecid1ngan appeal �-r--
(i) receive oral or written evidence on oath or on affidavit from concerned or interested person;
' (ii) peruse or inspect documents. public records or copies thereof; ,,..
(iii) inquire lhrough authorised officer funher details or facts;
(iv) hear Central Public Information Officer, Central Assistant Public Information Olficer or the First Appellate
Authority, or such person against whose action the appeal is preferred. as the case may be;
. (v) hear third pany; and
(vi) receive evidence on affidavits from Central Public Information Officer, Central Assistant Public Information
Officer, First Appellate Authority and such other person against whom the appeal lies or the third party.
12. Prae.c-eoftlle appeflut before die Co•mission.-{I) The appellant shall be informed of the date at least
seven clear days before the date of hearing.
(2) The appellant may be present in person or through his duly authorised representative or through video
confecmcing, if the facility of video conferencing is available, at the time of hearing of the appeal by the
Commission.
(3) .Where the Commission is satisfied that tho circumstances exist due to which the appellant is unable 10 anend
the �Iring. then, the Commission may afford the appellant anothcropponunity of being heard before• final
decision is taken or take any other appropriate action as it may deem flt.
13. Presc11tatio• by the Pu btic Authorlty.-The public authority may authorise any representative or any of itJ
officers to present its ca.sc.

14. Service ohorlce by Commlssloa.-The Commi5.'Sion may wue the notice by name, which shall be served in
any of the following modes, namely:-
(i) service by the party itself;
(iO by hand delivery (dasti) through Process Server;
(iii) by registered post with acknowledgement due;
(iv) by electronic mail in case electronic address is available.
15. Onlff oftllc Com•ission.-Thcorderofthe Commission shall be in writing and issued under the seal ofthe
Commission duly authenticated by the Registrar or any other officer authorised by the Commission for this purpose.
[F. No. 1/3S/2009-IRJ
MANOJ JOSHI, Jt. Secy.
APl'f.NOIX
FORMAT OF APPEAL
(Sff Rulel)
I. Name and address of the appellant
2 Name and address of the Central Public Information Officer co whom
the application was addressed
3. Name and address of the Central Public Information Officer who gave
reply to the Application
THE GAZEITE Of IND!A : EXTRAORDINARY [P� ll-8Ec. 3(i)]

4. Name and address of the First Appellate Authority Who decided the
First Appeal
5. Particulars of the application
6. Paniculai-s of1he onler{s) including number; if any, against which the
appeal is preferred
7. Brief facts leading 10 the appeal
8. Prayer or relief sought
9. Grounds for the prayer or relief
10. Any other information relevant lo the appeal
11. Verification/authentication by the appellant

Printed by the Manager, Govemmem or India Press, Ring Rold. Ml)'&puri, Ntw Delhi-I I 0064
and Published by the Controller or Publications. Oelhi-l lOOS4.

r
i

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